1 

Coalition of Federal Ombudsman 

Wednesday, January 12, 2005 

FDIC, 1730 Pennsylvania Avenue, NW 

Washington DC 

Attendees:

Howard Gadlin NIH 

Joseph Ganci DOL/OIG 

Jackie Hoffman TSA 

Sharon Asar TSA 

Christine Cooper TSA 

Launie Lenkel FDA 

John Zinsser Pacifica Human 

Bruce Engelbert EPA

Barbara J Omohundsro LOC 

Retha M. Fulmore DEA 

Michael Turpenoff FDIC 

Manny Ovalle USSS 

Carol Bullock NCUA 

Peggy Matthews HUD/OIG 

Joy Dingle DOED 

(By Telephone) 

Dennis Lazzar EPA

Debra Wiley DOED 

Ron Karb DOL (Retired) 

Attachments: 

1. Coalition of Federal Ombudsman 2004 Annual Meeting

Attachments:http://fsaextranet.ed.gov/ombudsman/coalition/

2. January 2005 Draft Coalition Of Federal Ombudsmen (CFO) Standards For The Establishment

And Operation Of Federal Ombuds Offices: http://fsaextranet.ed.gov/ombudsman/CFO DRAFT 

Standards.doc

Discussion Topics:

A. CFO Annual Meeting 

Plans for the 2005 CFO Annual Meeting to be held on March 9, 2005 were discussed and the agenda 

and assignments were finalized. Note: Due to scheduling problems at DOL, the location has been 

changed to DHS, TSA in Arlington, VA. 

It was agreed that we should try to get a member of the Inter-Agency ADR Workgroup as the keynote 

speaker. Howard Gadlin agreed to contact Jeff Senger, Senior Counsel, Office of Dispute Resolution, 

Department of Justice if he would be willing to make the key note presentation to the group. Mr. 

Senger authored a book titled Federal Dispute Resolution: Using ADR with the United States 

Government.

B. CFO Comments to the ABA’s Standards for Ombudsman 

Howard Gadlin stated that TOA/USOA has completed a draft document commenting on ABA’s 

Standards for Ombudsman and has distributed it to all TOA/USOA members for comment. He said that 

the comment is a significant revision from that reviewed by the CFO workgroup on November 5, 2005. 

He will check with TOA to see if he can distribute it to the CFO members for their review. 

Debra Wiley had Joy Dingle of her staff consolidate the CFO committee comments into a single 

document, January 2005 Draft Coalition Of Federal Ombudsmen (CFO) Standards For The 

Establishment And Operation Of Federal Ombuds Offices that she would like to share with the group. 

MEETING MINUTES
2 

It was agreed that both documents should be set out to the CFO members for their comment. So that 

we can have a draft document to discuss at the CFO’s Annual Meeting in March, all comments should 

be submitted by COB Friday, February 4. Individuals can send comments to her at joy.dingle@ed.gov

or call her at 202-377-3728 with questions and concerns. 

C. CFO Member Survey Preliminary Results 

Joe Ganci (DOL) provided preliminary results of the CFO Member Survey. Only 11 responses have 

been received so far but we would like to hear from all members of the CFO. It was decided that if you 

are on the listserv, you are a CFO member and should submit a survey. 

Of the 11 responses, it seems the group is in agreement on the need to formalize the CFO, develop a 

charter, have officers and be recognized as the official Federal Ombudsman organization. Seems the 

only areas we may need to vote on at the annual meeting is when and how often to meet. 

Two CFO members handed in their surveys at the meeting. Seems some CFO Members have had 

problems with sending and receiving the survey. If you have problems submitting the survey 

electronically, please submit it by FAX to Joe Ganci at 202-693-7020 by Friday February 4. 

D. Next Meeting 

CFO Annual Conference 

Wednesday, March 9, 2005

DHS, TSA, Arlington, VA 
3 

Coalition of Federal Ombudsman 

Tuesday, May 10, 2005 

FDIC, 1730 Pennsylvania Avenue, NW 

Washington DC 

Minutes 

Attendees: Joseph Ganci DOL/OIG 

 Michael Turpenoff FDIC 

 Ron Wilson ATSDR 

 Melissa Lewis ED

 Marianne Ketels ATF 

 Edith Barton ATF 

Manny Ovalle USSS 

Eileen Berry USSS 

Marcus Martin BOP 

 Carol Bullock NCUA 

Barbara Omohandro LOC 

(By Telephone) 

Howard Bailey FEA 

Debra Wiley ED

Dennis Lazzar EPA 

 Kimberly Walton TSA 

B.J. Morris NSA 

Attachments: 

1. Buy In from Senior Management: How to Get It or How to Live Without It: 

http://www.adr.gov/a.htm

2. Credit for Leave Purposes: http://www.opm.gov/oca/compmemo/2005/2005-07.asp

Discussion Topics: 

A. Results of Survey taken at CFO Annual Conference on March 9, 2005 

Melissa Lewis presented the results of the survey. The CFO rated and average of 4.5 on a 5 point 

scale. Well done! 

Melissa announced that the CFO website is official and up and running. 

Joe announced that Howard Gadlan and two of his colleagues will be speaking at an ADR luncheon 

series. The session, “Buy In from Senior Management: How to Get It or How to Live Without It”, will be 

held at the Department of Energy, Washington, DC on Thursday, June 23, 2005 from 12 until 1:30 pm. 

Those interested in receiving announcements for these luncheons series should sign up on the 

Interagency Alternative Dispute Resolution Working Group website e-mail list. 

MEETING MINUTES
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B. TOA Conference, Atlanta, Georgia, April, 2005 

Mike Turpenoff reported on the TOA Conference. Mike found the international aspect (16% of TOA 

members are from countries outside the U.S.) very interesting and was pleased with the nice mix of 

academic, private and governmental components. 

Others in the group commented favorably on the conference. 

The sector meetings at the end of the conference (government, private sector, international, contractor 

Ombudsmen) were very beneficial. Those in the government group agreed that there is a need for 

government Ombudsmen standards. All agreed that the sector meetings should be held each year. 

Andrew Young’s speech was outstanding and Mike Turpenoff will see if we can get transcripts or tapes 

of it. 

C. CFO Comments on ABA Standards 

Howard Gadlin will be forwarding the CFO comments to the interagency workgroup. 

D. Ombudsman Office Reviews 

There was a brief discussion of how office reviews of Ombudsmen offices are conducted. The 

consensus of opinion is that the reviews are manageable and confidential information is protected. The 

reviewers focus on administrative processes such as time and attendance, file maintenance, security, 

and office inventory. 

E. Ombudsman Tracking System 

Joe Ganci shared the tracking system he developed for the OIG’s office. He suggested that everyone 

bring information on their tracking systems 

to the next meeting. 

F. Name Change 

There was a brief discussion on changing the CFO name because it is often confused with “Chief 

Financial Officer.” The group decided to address this at a later date since it is not a critical item at the 

moment.

G. Open Forum 

There was a brief discussion on the definition of a record and how different Ombudsmen handle 

anonymous inquiries made via email. 

Joe Ganci discussed the new Federal Workforce Flexibility Act which allows new Federal employees to 

get credit for leave purposes for the time they spent in the private sector so that, for instance, a person 

who has worked full time in the private sector and then takes a Federal position can begin in the six 

hour leave category rather than the four hour leave category. This was effective in late April 2005. 

H. New Meeting Location 

Since Mike Turpenoff is soon to leave FDIC and join the Education Department, Melissa Lewis offered 

us a new meeting location so the next meeting will be held at the Education Department, 830 First 

Street, NE, Washington, DC, on July 13, 2005. It is located approximately three blocks from Union 

Station and the red line metro station. 
5 

Coalition of Federal Ombudsman 

Thursday, July 14, 2005 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC 

Minutes 

Attendees: Joseph Ganci DOL/OIG 

 Hon. Richard C. Walters VA BCA 

Michael Turpenoff ED/FSA 

Retha Fulmore DEA 

Ron Wilson ATSDR 

Edith Barton ATF 

 Michael Turpenoff FDIC 

Manny Ovalle USSS 

 Carol Bullock NCUA 

Barbara J. Omohundro LOC 

Debra Wiley ED/FSA 

(By Telephone) 

Howard Bailik FDA 

 

Attachments: None 

Discussion Topics:

A. Approval of Minutes for May 10, 2005 

Joe Ganci asked if there were any changes to the minutes of the previous meeting. No changes were 

noted, therefore Joe put the motion on the floor that the minutes are accepted as is and Manny Ovalle 

seconded the motion. 

B. Certificates of Attendance for CFO Conference 

Joe Ganci informed the members that he still had attendance certificates for those who attended the 

CFO Conference in March. If anyone attended the conference and did not receive one, please send 

him an e-mail with your address and he will send you your certificate.

C. Interagency ADR Workgroup Response to CFO Comments to the ABA’s Standards 

The Honorable Richard C. Walters, Administrative Judge, Department of Veterans Affairs Board of 

Contract Appeals (VA BCA) began with a synopsis of the proposed changes to the Federal Supplement 

to Standards for the Establishment and Operations of Ombuds Offices. 

MEETING MINUTES
6 

 Most recommended changes have been incorporated and Judge Walters expects to finalize the 

document within the next 48 hours after discussion with Howard Gadlin, Ombudsman, NIH. 

 In addition to the internal review, the IADRWG will post the draft document on the IADRWR 

website www.adr.gov to afford a 60-day external review and comment opportunity. 

Richard brought to the attention of the CFO the following summary changes: 

 Reference to “charters” on page 5, paragraph 8.

 Reference to “Collective bargaining agreement as a collaborative effort”, page 5, paragraph 8. 

 Reference to include an explicit affirmation of confidentiality, page 7, Federal Guidance Notes. 

 Reference to clarifying Ombudsman responsibility to not address collective bargaining 

agreement issues, page 8, # 6. 

 Reference to document not defining “Notice”, page 8. 

 Reference to document defining Ombudsman. 

Debra Wiley, ED/FSA would like the record to reflect the Herculean efforts of the Honorable Richard C. 

Walters in the revision of the Standards for the Establishment and Operations of Ombuds Offices. She 

offered her sincere appreciation on behalf of the CFO and reemphasized the fact that the document 

must move forward and be published. 

Joe Ganci requested the document be renamed to correct the official title Ombudsman, rather than the 

abbreviation Ombuds, and thanked Judge Walters for all his hard work in getting this document to the 

completion stage. 

(The document was submitted to the steering committee on July 15 for review and to be discussed at 

the IADRWG Steering Committee meeting July 20.)

D. Evaluation of an Ombudsman Office 

Retha Fulmore gave an overview of the Ombudsman office evaluation process. She indicated that the 

review is ongoing and will provide an update when it is complete. She passed out copies of the 

Ombuds survey she provides to employees utilizing her services. 

Manny Ovalle indicated that he conducts surveys for employees of USSS and includes the results in his 

annual report. 

E. The International Ombudsman Association (Formerly TOA/UCOA) 

Joe Ganci informed the members that The Ombudsman Association (TOA) and the University and 

College Ombuds Association had merged to become the International Ombudsman Association. 

Joe Ganci distributed copies of The Ombudsman Association Database Categories Workgroup 

potential and sub-categories worksheet for reporting Ombudsman Contacts. He invited members to 

review the worksheet and submit any recommended revisions to the workgroup. 

F. Website Updates - Membership Listing and Contact Information 

Mike Turpenoff gave tribute to Melissa Lewis for her exceptional efforts in updating the CFO website. 

In addition Mike indicated that a Membership Listing and Contact Information would be posted on the 

website. Ron Wilson suggested that the listing include previous Ombudsman and their contact 

information.

G. Texas Law on Confidential Communications with Ombudsman 

Joe Ganci distributed information copies of the Texas Law on Confidential Communications with 

Ombudsman. The law was not acted on this year but contains important safeguards for Ombudsman 

and their clients.
7 

H. Conferences and Training 

Mike Turpenoff distributed information on upcoming conferences and training. 

 The USOA 26th Annual Conference is Sep 19-22, 2005 in Nashville TN.

 The IADRWG Lunch Series is Jul 21, 2005 at the U.S. Environmental Protection Agency, 1201 

Constitution Avenue, NW, Room: East-117A

I. Other 

Manny Ovalle informed the group that he would be leaving his position in USSS and moving to the 

White House in August 2005. He has been certified as a mediator and plans to pursue opportunities in 

that field in the near future. He plans to remain involved in Ombudsman activities. His replacement 

will be Ray McCormick. 

Ron Wilson informed the group that he would be retiring 1 Sept 2005. He will be moving to Atlanta to 

teach part-time at Central Michigan University. He plans to remain involved in Ombudsman activities. 

J. Next Meeting 

The next meeting will be held at the US Department of Education, Federal Student Aid, 830 First Street, 

N.E., Washington DC on Wednesday September 14, 2005. It is located approximately three blocks 

from Union Station at the red line metro station.

 

If you have items for the agenda, please send them to Joseph Ganci, USDOL, OIG's Ombudsman at 

ganci.joseph@oig.dol.gov or call 202-693-5179 before the meeting. 

 

Contact Mike Turpenoff, ED/FSA at mike.turpenoff@ed.gov if you have any questions about the 

location or would like to join the meeting by telephone. 

 

Hope you can make the meeting!

 
8 

Coalition of Federal Ombudsman 

Wednesday, September 14, 2005 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Minutes 

Attendees: Joseph Ganci DOL/OIG 

 Retha M. Fulmore DEA 

 Michael Turpenoff ED

Frederick Whittington State 

 Barbara Omohundro LOC 

(By Telephone) 

 Debra Wiley DOED 

Bob Manley DOD, Navy 

Attachments: 

1. “A Guide for Federal Employee Ombuds”: 

http://www.adr.gov/fedemployeeguide081605.pdf

2. “A Draft Confidentiality Guide” http://www.adr.gov/iadrwgguide080305.pdf

3. “A Guide for Federal Employee Mediators” 

 http://www.adr.gov/fedemployeemediatorsguide081205.pdf

Joe Ganci started the meeting and each member introduced themselves. A number of members were 

unable to attend because they were being called to assist their agency in Hurricane relief efforts. 

Discussion Topics:

A. CFO and Interagency ADR Workgroup Supplement to the ABA’s Standards 

“A Guide for Federal Employee Ombuds”, “A Draft Confidentiality Guide” and “A Guide for Federal 

Employee Mediators” are now available on the Interagency ADR Workgroups, Draft Guides webpage. 

DOJ is developing a federal register notice to notify interested individuals and organizations that 

comments are being requested in order to prepare finals for these documents. When the federal 

register notice is issued, Joe will notify the CFO. Richard Walters will be the “point of contact” for all 

three documents and will provide CFO with any comments received. The CFO will work with Richard to 

address the comments and finalize the documents. 

MEETING MINUTES
9 

B. The International Ombudsman Association (IOA – Formerly TOA/UCOA) Database 

Categories Workgroup Pilot Test 

The IOA Database Categories workgroup is meeting on Monday to discuss the draft Database 

Categories and initial comments seem to suggest that additional categories and reordering of the 

categories are needed. Joe wanted to thank the one CFO member that submitted their results using 

the categories. 

C. Website Updates: Membership Listing and Contact Information 

The CFO Membership Webpage has been updated the names of those members that responded to the 

request to update the membership listing. 

Action: Please review the page and make sure the information is correct. If you would like your 

contact information to be added to the page, send Joe Ganci an e-mail with the required information. 

D. Conferences and Training 

A number of the CFO members indicated that they will be attending the USOA 26th Annual Conference 

9/19-22 in Nashville next week. 

Action: We would like a report on the meeting from any attendees at the next meeting. 

In addition, the IADRWG is holding a Lunch Series on 9/22 titled: Learning From The Past: Are We 

Ready For A New Frontier? 

Action: Individuals interested in attending this event should contact Cindy Mazur by e-mail with your 

name, citizenship and agency. 

Action: Individuals interested in attending future IADRWG events should sign up for the IADRWG email list to be notified of coming events and other ADR news and announcements. 

E. GAO Review of USPS FAR 

Joe Ganci was contacted by GAO to discuss the New USPS FAR Ombudsman position. Joe stated 

that the position had problems being considered a Ombudsman position. The USPS FAR Ombudsman 

did not meet the standards of independence, confidentiality and seemed more like binding arbitration 

instead of an Ombudsman. GAO plans to discuss this position with a number of Ombudsman and 

Ombudsman organizations in the near future. 

Action: A copy of the federal register notice is attached for your review, you may be called next.

F. Planning Ideas for March Conference 

The Fourth Annual CFO Conference is tentatively scheduled for March 8, 2006. 

Action: We need a volunteer agency to host the Location. 

Based on last year’s conference agenda, we need a minimum of four presentations. Some of the 

suggestions were: 

 “A Confidentiality Guide” (Possible Presenter: John Detrick, DOD, Navy). Discuss the final or 

draft with an update on the comments received. 

 “A Guide for Federal Employee Ombuds”. Discuss the final or update on the comments 

received. (Possible Presenters: Joe Ganci (DOL) and Rich Walters) 

 Ombudsman Participation in Hurricane Relief Efforts. (Possible Presenters: Retha Fulmore, 

Maaine Kettels and any other Ombudsman call to assist in the Relief Efforts) 
10

 Update on Online ADR and the results of the ADR Survey. (Possible Presenters: Rachel 

Barbour National Mediation Board) 

 Ombudsman for Ombudsman. Discussion of cases, Ombudsman actions and resources used 

that would be of interest to all Ombudsman. (Possible Presenters: Mike Turpenoff with other 

CFO members.) 

Action: CFO members should proposed additional topics or provide feelings on usefulness of the 

above topics. 

G. Ombudsman for Ombudsman 

During this discussion, various Ombudsman discussed cases that may be of overall interest to the 

group or where they need advice or contacts to obtain authoritative references. 

 What is the rule for reconstructing Compensatory Time for Travel on Non-Duty Hours when 

travel is at a different time or date than authorized? 

 Are Lunch Breaks required or optional? 

 Should an Ombudsman follow-up with Employee when it is later found the employee did not 

provide critical information that would have affected discussions with the employee.

 Where should an Ombudsman draw the line when the Ombudsman believes the employee 

should and could get more? 

Because of the confidential nature of the discussion, only the topic areas discussed are listed. It was 

agreed that this was an excellent discussion and maybe should be a standard meeting agenda item. 

H. Next Meeting 

Wednesday, November 9, 2005, 1:00 pm to 3:00pm 

US Department of Education, Federal Student Aid 

830 First Street, NE, Washington, DC 
11

Coalition of Federal Ombudsman 

Wednesday, November 9, 2005 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: 

Joseph Ganci DOL/OIG 

Michael Turpenoff FDIC 

Ray McCormick DHS/USSS 

Edith Barton ATF 

Ann K.D. Walls DOE/NNSA 

Carol Bullock NCUA 

Joyce DeMoss DHS/TSA 

Patrick Chapman HHS/DAB 

(By Telephone) 

Melissa Lewis ED/FSA/OMB 

 

 

Attachments: None 

Coalition of Federal Ombudsman President, Joe Ganci, approved the minutes from the previous 

meeting and called the meeting to order at 1:00 p.m. 

Discussion Topics:

A. CFO and Interagency ADR Workgroup – Supplement to the ABA’s Standards: 

Joe Ganci passed out the webpage and the November 9, 2005 (Vol. 70, No. 216, p. 68086) Federal 

Register notice requesting comments by December 9 on the Federal Interagency Working Group 

Steering Committees' 3 draft guides that were written to assist agencies with training in how to use 

ADR: (1) a confidentiality guide; (2) a guide for federal employee mediators; and (3), a guide for federal 

employee Ombuds. The complete text for these guides can be found on the Interagency ADR 

Workgroups, Draft Guides webpage. 

 The Federal Employee Ombuds guide was developed by the Coalition of Federal Ombudsmen (CFO) 

and the Federal Interagency Alternative Dispute Resolution Working Group (IADRWG) Steering 

Committee and builds upon the American Bar Association completed the draft revised Standards for the 

Establishment and Operation of Ombuds Offices dated February, 2004. 

 

Richard C. Walters, Administrative Judge, U.S. Department of Veterans Affairs, Board of Contract 

Appeals is the point of contact to receive comments on these guides and has distributed the following 

information to the ADR network listserv as well. "I wanted you to know about some significant work that 

has been done by the federal Interagency ADR Working Group (IADRWG) Steering Committee in 

developing guidance for federal agency mediators, Ombuds, and workplace mediation programs. The 

following is information about three proposed documents posted on the IADRWG website 

(www.adr.gov) - including links to the three documents. A formal notice regarding these documents 

was published in the Federal Register on November 9, 2005 (Vol. 70, No. 216, p. 68086) and public 

comment has been solicited. You will note that I have been designated as recipient for public 

comments on all three documents. Comments are due within thirty (30) days, or by December 9. If you 

MEETING MINUTES
2 

have the time to review the documents and have helpful comments, we'd like to hear from you, so 

send me an e-mail." His contact information is listed below: 

Richard C. Walters 

Administrative Judge 

U.S. Department of Veterans Affairs 

Board of Contract Appeals (09) 

810 Vermont Avenue, N.W. 

Washington, D.C. 20420 

Direct Phone: 202-273-6747 

Main Phone: 202-273-6743

FAX: 202-275-5381 

E-mail: Rich.Walters@va.gov

Joe Ganci recommends that all members review the notice and submit comments as needed. He 

expects that the document will be ready for final review by the next meeting. Mike Turpenoff mentioned 

the significance of this being the first official act of the Coalition of Federal Ombudsman. He indicated 

that he would put together a working group to review the comments for the guides and volunteers will 

be solicited. 

B. The International Ombudsman Association (IOA – Formerly TOA/UCOA) – Database 

Categories Workgroup Pilot Test 

Edith informed the group that there was not a direct working link to the International Ombudsman 

Association website. The site could be accessed by using the url to toa.org. Joe Ganci and Mike 

Turpenoff stated they would google the site to create a direct link. As of this date, a direct link has been 

created and the site can be reached at the following URL: http://www.ombudsassociation.org/. 

Joe Ganci discussed the status of the Database Categories Workgroup Pilot. He stated that a pilot will 

be conducted shortly and a presentation on the results would be planned around the first week of April 

at the IOA Annual Conference. In addition, an IOA newsletter would be distributed detailing the pilot. 

C. Feedback on Training 

IOA, Alexandria, VA: Melissa Lewis, ED/FSA/OMB; Edith Barton, ATF; and Patrick Chapman, 

ED/FSA/OMB attended the Ombudsman 101 and 101 plus training held 24-27 Oct 2005. Melissa gave 

an overview of the highlights of the training. She stated that in her opinion, the "Upward Reporting" 

segment that discussed presentation and "How To" in letting management know the importance of the 

Ombudsman job, was the most rewarding. 

USOA 26th Annual Conference 9/19-22: Mike Turpenoff attended the USOA Conference held at 

Gaylord's Opryland in Nashville, TN. He indicated that the conference was geared more to the classical 

model of Ombudsman rather than the Organizational Ombudsman. He differentiated the Classical 

verses Organizational Ombudsman by stating that the Classical Ombudsman has decision making and 

statutory authority. In addition, he stated that a portion of the conference focused on "formal 

investigations" which Organizational Ombudsman do not do. 

IADRWG Lunch Series: No one in attendance had attended any of the IADRWG lunch series since the 

last meeting. Coincidentally, the most recent ADR Lunch series meeting, "Creating a Culture of 

Coaching" was being held 12:00-1:30, 9 Nov 2005, thus conflicting with today's CFO Meeting.

D. Website 

The International Ombudsman Association (IOA) was officially formed in July 2005 following the merger 

of the University and College Ombuds Association (UCOA) and The Ombudsman Association (TOA). 

Its new website is http://www.ombudsassociation.org/. 

Updates: Melissa Lewis is sponsoring CFO website updates. The CFO website is 

http://fsaextranet.ed.gov/ombudsman/. 
3 

Joe Ganci reminded members they could put their contact information on the website. He mentioned 

that some members had been recently contacted from the information posted. 

Membership Listing: Joe Ganci instructed the group that in order to subscribe to the IADRWG email 

list, members should go to http://adr.gov/listserv.html and click on Subscribe to the e-mail list. An email 

will appear with the words subscribe adr. Do not modify the email - simply send it to the addressee and 

you will receive an immediate response that says "Welcome to the adr mailing list!" 

E. GAO Review of USDA 

Joe mentioned that GAO, as a part of the "farmer settlement" is attempting to set up an Ombudsman 

Program in the USDA and called him for assistance. 

F. Planning Ideas for March Conference 

Date: Thursday, March 9, 2006 

Location: US Department of Education, Federal Student Aid 

Agenda: 

"A Confidentiality Guide" (Possible Presenter: John Detrick, DOD, Navy): Discuss the final or draft with 

an update on the comments received. Joe Ganci stated that he would contact Bob Manly with a 

request to present information on ways to put together a confidentiality agreement of some type 

between an Ombudsman and an employee. 

"A Guide for Federal Employee Ombuds": Discuss the final or update on the comments received. 

(Possible Presenters: Joe Ganci (DOL), Rich Walters (VA BCA)) 

Ombudsman Participation in Hurricane Relief Efforts: (Possible Presenters: Marianne Ketels (ATF) and 

Debra Wiley (ED/FSA), et al.) 

Update on Online ADR and the results of the ADR Survey: (Possible Presenters: Rachel Barbour 

National Mediation Board). Joe Ganci stated that the results of the ADR survey may not be presented 

at the March conference. 

Ombudsman for Ombudsman: Discussion of cases, Ombudsman actions and resources used that 

would be of interest to all Ombudsmen. (Possible Presenters: Mike Turpenoff, et.al.) 

 

CFO Members should contact Joe Ganci to provide comments on suggested topics and propose 

additional topics.

G. Other 

Joe Ganci indicated that Retha Fulmor is retiring January 3, 2006. 

H. Next Meeting 

The next meeting will be held at the US Department of Education, Federal Student Aid, 830 First Street, 

N.E., Washington DC on Wednesday January 11, 2006. The building is located approximately three 

blocks from Union Station at the red line metro station. 

 

If you have items for the agenda, please send them to Joseph Ganci, USDOL, OIG's Ombudsman at 

ganci.joseph@oig.dol.gov or call 202-693-5179 before the meeting. 

 

Contact Mike Turpenoff, ED/FSA at mike.turpenoff@ed.gov if you have any questions about the 

location or would like to join the meeting by telephone. 

 

Hope you can make the meeting! Coalition of Federal Ombudsman meeting adjourned at 2:30 p.m.
4 

Coalition of Federal Ombudsman 

Wednesday, January 11, 2006 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: Joseph Ganci DOL/OIG 

 Melissa Lewis ED, FSA 

Tangeta Daramola HHS/CMS 

Drew Strayer Eastern Mennonite University 

Marcus Martin DOJ, BOP 

Edith Barton ATF/Ombudsman 

Marianne Ketels ATF/Ombudsman 

 Mike Turpenoff D/Ombudsman 

 Wendy Kamenshine DHS/OCISO 

 Joseph Raiti DHHS/AHRQ 

Debra Wiley ED/FSA Ombudsman 

 Frederick Whittington DOS 

(By Telephone) 

Laurie Lenkel FDA 

Maria Bazon NASA 

Dennis Lazzar EPA/Seattle 

 Carol Bullock NCUA

Ray McCormick USSS 

Attachments: 

1. “A Guide for Federal Employee Ombuds”: 

http://www.adr.gov/fedemployeeguide081605.pdf

2. “Managing by Agreement: The New MBA” ADR Lunchtime Series. January 26, 2006. 

http://www.adr.gov/a.htm

3. EEOC Management Directive, Chapter 3, “Alternative Dispute Resolution”. (MD)-110. Section 

VI, Operation of ADR Programs, sub-part C. Recordkeeping: 

http://www.eeoc.gov/federal/md110/chapter3.html

4. EEOC List of Federal Agencies that have Ombudsman programs, 

http://www.eeoc.gov/federal/adr/ombuds.html

Discussion Topics: 

A. Comments Received on the FCO and IADRWG Guide for Federal Employee Ombudsman 

Joe Ganci handed out his analysis of the comments received on “A Guide for Federal Employee 

Ombudsmen” and requested that members give him feedback. A synopsis is attached and a summary 

follows. 

MEETING MINUTES
5 

1. The Federal Ombudsmen should, if possible report to and have direct access to the highest 

agency official or his/her designee and not present a conflict for the independence of the Ombudsmen 

function. 

2. The maintenance of confidentiality should be expressly affirmed in the Ombudsman charters. 

Moreover, Ombudsmen should be aware that, where they serve as neutrals, the Administrative Dispute 

Resolution (ADR) Act of 1996 specifically prohibits them from disclosing the substance of dispute 

resolution communications. 

3. In terms of record keeping, Federal Ombudsmen need to maintain statistical records to 

describe and justify the results of the Ombudsman Program. In addition, Federal Ombudsmen should 

be familiar with their obligations for complying with the Freedom of Information Act (FOIA) as well as 

the Privacy Act and at the same time ensuring any records maintain visitor confidentiality. 

4. A Federal Ombudsman should include in their charter jurisdiction over issues that is currently 

pending in a legal forum or arising under a collective bargaining agreement, or an issue involving 

federal, state or local labor or employment laws, rules or regulations so as to meet the ABA standards. 

5. Federal employee communications to a Federal Ombudsman should not be construed as 

providing notice to the Federal agency or other Federal entity, because Ombudsmen should maintain 

the confidentiality of those communications and their own independence from others within the entity. 

6. Ombudsmen are not advocates for a party in the sense that a lawyer is an advocate for their 

clients. Ombudsmen instead serve their client population as neutrals. 

7. The International Ombudsman Organization (IOA), the United States Ombudsman Association 

(USOA), , the Coalition of Federal Ombudsmen (CFO), the Forum of Canadian Ombudsmen, the 

European Union’s Ombudsmen and most other Ombudsman organizations use the term Ombudsman

rather that Ombuds. The Guide should be revised to recognize the term Ombudsman. 

B. The IOA Database Categories Workgroup Pilot Test 

Joe Ganci handed out a copy of the survey and reporting categories and asked the CFO members to 

answer the survey and provide him with comments on the reporting categories. He would like to give a 

presentation on this project at the CFO Conference and with the other members of the workgroup at the 

IOA Conference being held April 2-5 in La Jolla, California. 

C. Training – IADEWG Lunchtime Series and IOA Conference 

Joe Ganci handed out a copy of the recent ADR Lunchtime Series entitled ADR, Democracy and the 

New Workplace. He found the presentation by Professor Richard C. Reuben very enlightening. Dr. 

Reuben presented the idea that workplace dynamics are changing; they are becoming less rigid and 

more flexible. The shift is built on basic democratic values, which include personal autonomy, as well 

as certain political, legal and social capital values. Dr. Reuben further explained how dispute resolution 

should be incorporated in a way that enhances the values of the new democratic workplace. 

Another ADR Lunchtime Series is being presented by Stewart Levine on January 26 from 12 to 1 p.m. 

at USDOE. It is entitled Managing by Agreement: The New MBA. RSVP to 

Pamela.Pontillo@hq.doe.gov. 

The Federal Interagency Sharing Neutral Program is holding their brown bag series on Thursday, 

January 19 at 9 a.m. at the SEC, room 4000. RSVP to WoodardK@sec.gov. SN Brown Bags will 

always be posted on the www.hhs.gov/dab/sn/ website under “Events” and on the www.adr.gov

website under “Federal ADR Events”.

D. Website Updates: CFO, EEOC, IADRWG 

Joe pointed out that the CFO website needs updated. Melissa Lewis said she would do the update in 

the very near future. 
6 

E. EEOC 

Joe handed out copies of a few pages from the EEOC website with a list of types of ADR techniques. 

The Commission requires, however, all ADR techniques must be used in a manner that is consistent 

with the core principles outlined in Chapter III of the Management Directive (MD)-110. Section VI, 

Operation of ADR Programs, sub-part C. Recordkeeping, requires federal agencies to report on their 

ADR activities each year on Form 462. Also a listing of Federal agencies that have Ombudsman 

programs is included. Many of the CFO our agencies were not on the list. 

Does anyone have any information on EEOC ADR initiative, reporting and how it affects Federal 

Ombudsman?

F. Planning Ides for the March 9, 2006 Conference 

Joe handed out copies of the tentative agenda for the annual conference. All members agreed on the 

agenda. Additional volunteers were confirmed to sit on the various panels. Joe will send out an e-mail 

to confirm attendance to the conference. 

G. General Discussion 

There was a lot of general discussion about a variety of topics. Following is a synopsis of the areas 

discussed. 

1. Manual for Developing an Ombudsman Function: Debra Wiley and Mike Turpenoff informed 

the members that they wrote this manual in 1990 and it has been provided to approximately 125 

requestors. The members agreed that we should take a look at the manual, perhaps make revisions, 

ensure that everyone has a supply and will provide it to future requestors, and post it to the CFO 

website. 

2. A Guide for Federal Ombudsmen – What happens next?: Mike Turpenoff asked what the 

next step is in getting the new guide approved. Debra Wiley offered that the comments are in and will 

be reconciled and adjusted and then a final notice will be published in the Federal Register. 

3. Do the New Guidelines Have an Evaluative Component?: Joseph Raiti asked if the Guide 

for Federal Ombudsmen includes an evaluative component, a method to measure Ombudsman 

functions? Joe Ganci said no but Mike Turpenoff pointed out that most of the Federal Ombudsmen 

have developed reports based on their particular organization’s functions and needs. 

4. External Ombudsman Programs: Tangeta Daramola said that she would like to get more 

information about how the various agency’s external Ombudsman programs function. A number of 

agencies with external programs were named. They include SBA, FDIC, IRS, RHS/Citizen and 

Immigration, and ATF. 

5. Collaboration Between EEO, Ombudsmen and Union: Mike Turpenoff launched a 

discussion regarding the importance of the good collaborative efforts between the Ombudsmen, EEO 

and the Union in the Federal sector. Dennis Lazzar pointed out that at EPA they have an advisory 

council to the Ombudsmen, composed of employees, staff and management. This group reports up the 

chain. Dennis will send a copy of the EAP charter to Joe Ganci for review. Joe will share it with the 

members after he reviews it. 

6. Public Outreach: The final discussion of the day was about public outreach by the 

Ombudsmen offices. Joe Ganci said that he sends a welcome email to each new employee of the 

agency. Melissa Lewis said that the name and telephone number of the agency Ombudsman is on all 

paperwork that goes out to their external customers. Marianne Ketels said that ATF Ombudsman office 

will have an open house in February to educate employees and managers about the function of the 

Ombudsman office.

The meeting adjourned at 2:45 p.m. 
7 

Coalition of Federal Ombudsman 

Wednesday, May 10, 2006 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: Marianne Ketels ATF/Ombudsman 

 Edith Barton ATF/Ombudsman 

Debra Wiley ED/FSA 

Robert Brown FDIC 

(By Telephone) 

John Miguel ? 

Dennis Lazzar EPA 

 Sherrie Lard FDA 

Howard Bailik FDA 

Attachments: 

1. “Guide for Federal Employee Ombudsman” http://www.adr.gov/draftguides.html

Coalition of Federal Ombudsman Acting President, Marianne Ketels called the meeting to order at 1:05 

p.m. CFO President, Joe Ganci is on travel to Dallas. 

The minutes of the March Conference were approved. 

Marianne welcomed Robert R. Brown, Ombudsman FDIC as a new member to the CFO. 

Discussion Topics:

A. Status of Federal Register on CFO and IADRWG. 

Marianne relayed the comments of Jeff Senger and Richard C. Walters, Administrative Judge, U.S. 

Department of Veterans Affairs. 

 The CFO members present agreed that the language regarding the “notice issue” should read 

“should not generally be construed”. 

 Because the other comments were lengthier and more complex, the email will be forwarded to 

CFO members for review and comment with a suspense of May 16.

B. The International Ombudsman Association (IOA – Formerly TOA/UCOA) - Database 

Categories Workgroup Website: http://mysite.verizon.net/vzepuauu/

Dennis Lazar indicated that the Database Categories Workgroup Website information is quite good and 

he uses it daily. 

MEETING MINUTES
8 

C. Website Updates: See: http://fsaextranet.ed.gov/ombudsman/

Melissa Lewis updates the website routinely and welcomes comments or suggestions for improvement. 

Other agencies have asked her about an “extranet concept” so they can have access to CFO materials. 

Melissa is looking at doing a “split site” concept rather than granting universal access externally.

D. MARCH CONFERENCE 

Marianne gave an overview of the March Conference highlights as follows: 

 One of the significant highlights was the Ombuds materials shared by conference attendees. 

Dennis Lazar provided a copy of his annual report to conference attendees. He noted that his 

report includes suggestions for improvement and recommendations to management, but he still 

has to work diligently behind the scenes to make sure things happen. 

 The opening session where members “talked to topics” provided valuable information of 

Confidentiality and other hot topics. 

 Marianne stated that there were approximately 50% no-shows. The committee discussed ways 

to increase conference participation. 

o Debra Wiley discussed “best practices” and “lessons learned”. She stated that “What 

we want to happen at the conference is “Training, Information Sharing and Planning 

(CFO role)”. 

o Dennis recommended more individualized training. He recommended high-powered 

speakers be invited and refreshments be available. 

o Debra recommended the conference be tied to some other type of event like the IOA 

Conference. Dennis stated that the IOA conference is being held in Chicago next year 

and that would be a good location to hold the annual CFO conference. He also 

mentioned that the Association for Conflict Resolution is holding their annual 

conference in October in Philadelphia. Debra recommended a fact sheet be prepared 

for the next conference. 

o Edith recommended that Ombuds be recognized for achievements throughout the year. 

One of the working groups can review accomplishments, establish presentation 

mementos and plan the activity. Input at Quarterly CFO meetings could be used to 

select recipients and because of the geographically dispersed members, self 

nomination would be allowed. Edith also recommended that at a minimum, coffee, tea 

and water are included. 

 Evaluations: Marianne indicated that Melissa Lewis has the conference evaluations and will 

provide that information at the next quarterly meeting. 

 Suggestions for Topics: There were no suggestions for topics for the next annual conference. 

E. Developing Ombudsman in Other Federal Agencies (Sharon Asar, TSA): 

 Volunteers for Workgroup: Marianne Ketels and Debra Wiley volunteered to participate in the 

workgroup. 

 Timeline: Marianne indicated Sharon Asar has created a proposed timeline that will be 

discussed in a future forum. 

 Presentation: Sharon Asar gave a presentation on this topic. 
9 

F. Other: 

Mike Turpenoff and Debra Wiley will draft an article about Ombudsmen that will be coordinated for 

printing in the Government Executive Magazine. They plan to meet with the insight editor and draft a 

series of articles on conflict resolution to heighten awareness in the Department of Education. 

Dennis gave an overview of the IOA Conference held in April 2006. He stated that the most memorable 

topic was Standards of Practice. There was an effort to marry corporate Ombuds standards with 

College and University standards. Another interesting topic of discussion was the recommendation to 

certify organizational Ombudsmen through a lengthy training process. 

Debra Wiley called for a group casework discussion. A round robin discussion of current cases of 

interest followed. 

The meeting adjourned at 2:45 p.m. 

G. Next Meeting: 

The next meeting will be held at the US Department of Education, Federal Student Aid, 830 First Street, 

N.E., Washington DC on Wednesday July 12, 2006. The building is located approximately three blocks 

from Union Station at the red line metro station.

 

If you have items for the agenda, please send them to Joseph Ganci, USDOL, OIG's Ombudsman at 

ganci.joseph@oig.dol.gov or call 202-693-5179 before the meeting. 

 

Contact Mike Turpenoff, ED/FSA (mike.turpenoff@ed.gov) if you have any questions about the location 

or would like to join the meeting by telephone. 

 

Hope you can make the meeting! 
10

Coalition of Federal Ombudsman 

Wednesday, July 20, 2006 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: Joseph Ganci DOL/OIG 

 Melissa Lewis ED

Sharon Asar DHS/TSA 

Barbara J Omohundsro LOC 

Wendy Kamenshine DHS/CIS 

Marcus Martin POP 

Frederick A. Whittington DOS 

Donald Shalhoub DOL/EEOIC 

Eileen McCarthy DOL/EEOIC 

Lisa Hahn FDIC 

Launie Lenkel FDA 

John M. McGowan USCP 

Attachments: 

1. “Guide for Federal Employee Ombudsman” http://www.adr.gov/pdf/final_ombuds.pdf

2. “Annual Report — Office of the Ombudsman Energy Employees Occupational Illness 

Compensation Program” http://www.dol.gov/eeombd/2005annualreport/index.htm

3. “United States Citizenship and Immigration Services (USCIS) Ombudsman Annual Report to 

Congress” is now available at 

http://www.dhs.gov/interweb/assetlibrary/CISOmbudsman_AnnualReport_2006.pdf. 

The group approved the May 10, 2006 Meeting Minutes.

Joe Ganci welcomed all members to the meeting and each member introduced themselves. 

Discussion Topics: 

A. Guide for Federal Employee Ombudsman. 

Joe Ganci stated that CFO and IADRWG “Guide for Federal Employee Ombudsman” was posted to 

IADRWG Website on May 9, 2006. No Federal Register Notice Issued. Only minor wording changes 

were made from the one presented at the CFO’s Annual Conference. 

B. IOA Database Categories 

The International Ombudsman Association (IOA), Database Categories Workgroup Website is currently 

available to review. The joint TOA-UCOA, now IOA, Task Force was formed to develop a list of 

MEETING MINUTES
11

categories that could be used by Ombudsman to report the types of issues, questions and concerns 

that are bought to Ombudsman. The group will be meeting with the IOA Board to request that a 

benchmarking survey be performed to collect data from members using the Task Forces’ categories. 

The Task Force’s website can be found at: http://mysite.verizon.net/vzepuauu/. 

C. CFO Website

Joe Ganci thanked Melissa Lewis for all her work in getting the website together. Melissa stated that 

they have a contractor working on their web pages and they are quickly responding to requests to 

changes. We will be including our next year's meeting dates on the Home page. 

Members are encouraged to place their names on the Membership webpage so we and others can 

contact you about setting up Ombudsman in other Federal Agencies. Please send the information for 

the Members webpage to Melissa Lewis. 

The CFO’s website can be found at: http://fsaextranet.ed.gov/ombudsman/

D. Developing Ombudsman in Other Federal Agencies 

Sharon Asar reminded the group that at the last CFO Conference, Kimberly Walton made a 

presentation and recommendation that CFO members try on Developing Ombudsman in Other Federal 

Agencies. 

 Establish a Cadre of Subject Matter Experts/Speakers – Summer 2006 

 Reach out to Relevant Publications and Develop Articles – Summer 2006/Ongoing 

 Symposium – Held in conjunction with next CFO Conference – Spring 2007 

 Meet to Discuss Progress and Further Develop Outreach Strategy – Spring 2007 

 Begin Meeting with Key Federal Executives/Decision Makers – Spring 2007 

 Other ideas 

A number of members discussed how the Ombudsman has changed the dynamics of communication in 

their agencies and how it could help other organizations. 

Now that the standards are finalized, agencies wishing to set up Ombudsman have generally 

recognized standards to follow. 

Action Item: 

CFO members should come up with some specific ideas on how and who we discuss 

developing Ombudsman in other Federal agencies. Please send those ideas to Sharon 

Asar before the next meeting. 

H. Ombudsman for the Energy Employees Occupational Illness Compensation Program 

Don Shalhoub, Ombudsman for the Energy Employees Occupational Illness Compensation Program

described his first year in operation, why an Ombudsman was needed and why DOL received the 

program from DOE, and some of the challenges he has encountered. 

This year he issued his first Annual Report — Office of the Ombudsman 

Energy Employees Occupational Illness Compensation Program to Congress. See Attachment 2.

Don stated that he would be interested in reviewing other Ombudsman reports. Wendy Kamenshine 

stated that the United States Citizenship and Immigration Services (USCIS) Ombudsman Annual 

Report to Congress is now available. See Attachment 3. 

I. Training Opportunities: 

ADR Lunchtime Series, So You Want To Be A Mentor? 

Thursday, July 20, 2006, U.S. Department of Energy 

 See: http://www.adr.gov/a.htm
12

Mid Atlantic Region Ombuds Meeting 

Friday August 4, Princeton University 

 Send e-mail to: Nicholas Diehl

Federal Dispute Resolution Conference 

August 20-24 San Antonio, TX 

 See: www.fdrconferences.org

 United States Ombudsman Association's 27th Annual 

Conference 

 September 12-15, Des Moines, Iowa 

See:

http://www.usombudsman.org/en/activities_and_services/annual_confere

nce.cfm

J. Next Meeting: 

 Wednesday, October 11, 2006 

US Department of Education, Federal Student Aid 

830 First Street, NE, Washington, DC 
13

Coalition of Federal Ombudsman 

Wednesday, October 11, 2006 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: Joseph Ganci DOL/OIG 

 Michael Turpenoff ED/FSA 

Marcus Martin POP 

 Melissa Lewis ED/FSA 

Isiah Dupree ED/FSA 

Edith Barton ATF 

Coalition of Federal Ombudsman President, Joe Ganci called the meeting to order at 1:05 p.m. The

July 20, 2006 Meeting Minutes were approved.

Discussion Topics: 

A. CFO Website 

1. CFO Meetings 2007: 

Joe Ganci informed the members that CFO Meetings will be held on Wednesdays on the following 

dates during calendar year 2007: 

- Jan 10 - Jul 11 

- Mar 14 - Sep 12 

- May 9 - Nov 14 

Mike Turpenoff will make reservations for the room and post them to the website. 

Mike Turpenoff mentioned that a cosmetic review of the FSA Ombudsman extranet was going to be 

conducted. He did not anticipate any change to content, but would keep members posted. 

2. Edith informed the coalition members that the U.S. Mint had recently selected a new 

Ombudsman and that OPM was considering creating an Ombudsman position. Members discussed 

outreach techniques that the coalition could use to welcome and support new Ombudsman. It was 

decided that Joe Ganci would contact the new members and offer assistance. Joe discussed the 

retirement of previous coalition members and the fact that Retha Fillmore and Ella Wheaton had not 

been replaced within their organizations. 

B. CFO List Serv Pilot (mailto:CFOListserv@verizon.net)

Joe Ganci informed the coalition members that he had created a new CFO List Serve database. He 

would launch a Pilot Program with the members present at today’s meeting to determine its sufficiency 

prior to implementation. Here are some of the commands that the software will process: 

MEETING MINUTES
14

 To subscribe, send a message to the CFO Listserv with the subject: SUBSCRIBE 

 To Unsubscribe, send a message to the CFO Listserv with the subject: UNSUBCRIBE 

 To send an e-mail message to all CFO members, send a e-mail to the CFO Listserv. 

Attachments can be included. (The software has a problem sending HTML e-mail using 

Outlook, found in MS Office. HTML e-mail should be sent using Outlook Express (Usually 

given free with new computers), any other e-mail program or make sure you send the message 

in a text format when using Outlook.) 

The CFO Listserv will be used to distribute these minutes and future communications between the CFO 

and the members of the CFO. 

C. Developing Ombudsman in Other Federal Agencies

Mike Turpenoff created a guide entitled “A Model for Developing an Ombudsman Program”. The guide 

is specific to Ombudsman Principles and Standards. Mike will distribute the guide to coalition members 

for comment. 

Melissa recommended that CFO reach out to the “Acquisition Ombudsman” and invite them to 

participate in CFO activities. Mike Turpenoff stated that FAR requires appropriated agencies to have 

“Contract Ombudsman”. Joe Ganci mentioned that he has expanded his Ombudsman role within 

DOL/OIG by becoming the contracting Ombudsman for the agency. 

D. Recent Conferences 

1. Joe Ganci attended the Mid Atlantic Ombuds Meeting, Aug 4 in Princeton, N.J. He will share a 

copy of the agenda with the group at a future date. He indicated that the meeting was an informal, 

facilitated discussion of general issues. He stated that the informal format works well in small groups 

and recommended the coalition consider using a similar format at the annual conference. 

No members present attended the Federal Dispute Resolution Conference, Aug 20-24 in San Antonio, 

TX. 

2. Mike Turpenoff and Debra Wiley attended the USOA Conference, Sep 12-15 in Des Moines, 

Iowa. Some of the topics discussed were: 

 Ombudsman statutes/management mandates 

 Ombudsman strategic objectives 

 Policy/Procedures Manuals 

 Character 

 Apologies 

More information can be found in the FSA Newsletter, “Ombudsman News” or by contacting Mike 

Turpenoff at (202) 377-3800. 

E. Future Training Opportunities 

1. Melissa recommended that the annual conference be moved to a warmer month in an effort to 

increase participation. Members concurred and Joe decided the conference will be held the second 

Wednesday in May 2007, May 9; in lieu of the regular meeting. 

2. It was noted that the International Ombudsman Association 2d Annual Conference will be held 

Apr 11-14, 2007 in St. Louis, MO. 

3. Dealing with Anger in the Mediation Session: The Federal Interagency Sharing Neutrals 

Program, Tuesday, October 26, 2006, 12:00 p.m.-1:30 p.m., Securities and Exchange Commission, 

Room 6000. See: http://www.adr.gov/a.htm
15

4. Cross Cultural Communication and Negotiation, The Inter-Agency ADR Working Group, 

Workplace Section, Thursday, October 19th, 2006 Noon - 1:30, U.S. Department of Energy, 1000 

Independence Ave, SW, Room GJ-015, Washington, D.C. See: http://www.adr.gov/a.htm

F. IOA Article for Newsletter 

Joe Ganci was asked by IOA to develop an article on “Development of the CFO and IADRWG Guide for 

Federal Employee Ombudsman”. Not many attendees to the IOA’s Princeton conference knew of this 

guidance. Because it is provided on the US Department of Justice’s Interagency ADR Workgroups 

website, it may have a greater degree of acceptability or authority. A copy of the guide can be found at 

http://www.adr.gov/pdf/final_ombuds.pdf. 

G. Database Categories Workgroup

The International Ombudsman Association will be posting a Database Categories worksheet to the IOA 

website, asking for Ombudsman to report activity by the database categories. The results will be 

presented at the IOA Conference in April 2007. Joe Ganci and two other committee members are on 

the agenda to make a presentation. 

The plan is to segment the results into 4 categories; (1) corporate; (2) education; (3) government; (4) 

international. Joe stated that in a recent pilot it was interesting to note that issues across segments 

were similar. There are plans to benchmark the results annually and use the results to conduct training 

on how to handle the issues. More information can be found at http://mysite.verizon.net/vzepuauu/. 

H. Other 

Joe welcomed Isiah Dupree as a new member to the CFO. Isiah is working with the Department of 

Education Ombudsman’s Office in the Executive Potential Program. Melissa Lewis is also currently 

participating in the Executive Potential Program where candidates participate in rotational mentoring 

assignments to other federal agencies. A recommendation was made that Ombudsman may benefit by 

swapping assignments with Ombudsman in other agencies on a temporary basis for professional 

development. 

Marcus Martin summarized his strategic plan for the Bureau of Prisons. He recently met with the 

Warden and the union president in a Colorado prison and plans to visit Petersburg, VA this quarter to 

continue his outreach. 

I. CFO Meeting Adjournment 

Coalition of Federal Ombudsman meeting adjourned at 14:20 p.m. 

J. Next Meeting 

CFO holiday luncheon will be held in lieu of the next scheduled meeting, 13 Dec 06. Additional 

information to follow. 

 

If you have business items for discussion, please send them to Joseph Ganci, USDOL, OIG's 

Ombudsman at ganci.joseph@oig.dol.gov or call 202-693-5179. 

 

Hope you can be there! 
16
17

Mid Atlantic Region Ombuds Meeting 

Princeton University – Prospect House 

August 4, 2006 

9:30 – 10:00 Registration/Breakfast 

10:00 – 10:15 Introductions 

10:15 – 11:30 Making a Difference: Effectiveness and Value of Ombuds Offices 

 Facilitator: Randy Williams, Redmond, Williams & Associates 

11:30 – 12:00 Break 

12:00 – 1:30 Luncheon Discussion – Ombuds as Conflict Specialist 

 Facilitator: Camilo Azcarate, Princeton University 

1:30 – 2:00 Break 

2:00 – 3:30 A Network for Mutual Support: How Ombuds Can Support Each Other and 

the Profession 

Facilitator: Nicholas Diehl, Princeton University 

179 Nassau Street, Suite D Princeton, NJ 08544 Tel: (609) 258-1775 Fax: (609) 258-1588 

Ombuds Office
18

Coalition of Federal Ombudsman 

Wednesday, January 10, 2007 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: Joseph Ganci DOL/OIG 

 Michael Turpenoff ED/FSA 

Mike McNeill NCUA

 Melissa Lewis ED/FSA 

Joyce DeMoss TSA 

Edith Barton ATF 

Greg Remas USSS 

Bonnie Bantz US Mint 

Joseph Ganes DOL 

Eileen McCarthy DOL/EEOICPA 

John Lewis DOL/EEOICPA 

Barbara J. Omohundro Library of Congress 

Bob Marley Navy 

Robert Brown FDIC 

John Barth ED/FSA 

Coalition of Federal Ombudsman President, Joe Ganci called the meeting to order at 1:10 p.m. The

October 11, 2006 Meeting Minutes were approved.

Discussion Topics: 

A. New CFO Website 

Members are encouraged to visit the New CFO Website. Copies of the quarterly minutes, upcoming 

conferences and other links and information will be posted to the site. 

CFO Meetings in 2007 are scheduled as follows: 

- Wednesday, March 14, 1-3 PM 

- Wednesday, May 9, Conference 

- Wednesday, July 11, 1-3 PM 

- Wednesday, September 12, 1-3 PM 

- Wednesday, November 14, 1-3 PM 

During the revision of the website, the question came up about the use of the term Ombudsman or 

Ombudsmen. The International Ombudsman Association ((IOA) stated they use the term Swedish term 

Ombudsman because it is gender neutral and internationally recognized. Members will be asked via 

CFO List Serv to comment on the terms Ombuds vs. Ombudsman vs. Ombudsmen. Responses will be 

discussed at the next meeting. 

MEETING MINUTES
19

B. CFO List Serv 

CFO members are encouraged to send e-mails through the CFO’s ListServe at:

CFOListserv@verizon.net. 

There is a new IOA Government listserv at: ioaGovernment@ombudsassociation.org. 

C. IOA Reporting Categories Survey

In the fall of 2003, a joint TOA-UCOA Task Force of colleagues representing corporate, higher 

education, government agencies, and international agency sectors was formed to develop a list of 

categories that could be used by Ombudsman across sectors to:

- classify the kinds of issues for which people use ombudsman 

- identify trends in requests for services, and 

- develop professional development needs 

Joe informed members that the reporting categories will not be useful to everyone. Service to outside 

stakeholders is not fully addressed. IOA plans to present the results at their April Conference. 

Interested members can view/complete the survey at the following url: 

http://www.ombudsassociation.org/Reporting_Categories/?index.htm

D. Recent Meeting with GAO 

Members of the GAO will be sponsoring another review of the Federal Dispute Resolution Systems. 

Select federal agencies may be contacted to participate. 

E. Future Training Opportunities 

International Ombudsman Association 2nd Annual Conference

April 11 -14, 2007, in St. Louis, MO, $450. 

Inter-Agency ADR Working Group, Workplace Section Lunchtime Series Expanding 

Limited Story Lines: Presenters: -Tracey Pilkerton, President, CoreVision; LLC -

Michael West, Mediator, U.S. Dept. of Education. Seminar is free and will be held at 

the U.S. Department of Energy, Wednesday, January 31, Noon - 1:30 PM. No Cost. 

Joe reminded members that the FDR Conference will be held Sunday, July 29 to 

Thursday, August 2, 2007. Speakers were being solicited to participate. Joyce 

DeMoss, TSA sent a proposal to speak at the conference and was awaiting a 

response. 

Joe distributed a listing of additional 2007 IOA Training Opportunities for Ombudsman. 

 

F. CFO Annual Conference 

The annual CFO conference will be held all-day, the second Wednesday in May 2007, May 9; in lieu of 

the regular meeting. 

Joe asked for topic recommendations for the conference. The following topics were discussed: 

- Coordination vs. Confidentiality between EEO, Ombudsman and Unionized 

Operations (MOUs/Partnership Agreements) (re: Congress resolution that TSA 

employees be eligible to unionize) 

- Interaction with Oversight Organizations (re: Capitol Hill) 

- Receiving Notice of Illegal Activities and Working with the OIG 

- Legal Updates. Melissa will ask Rick Curtz to facilitate 

- FAR 16.505, Contracting Ombudsman 

- Ombudsman for Ombudsman 
20

- Business Meeting 

Joe asked for volunteers to facilitate each topic at the conference. Conference will be discussed in 

further detail at the next meeting. 

G. Developing Ombudsman in Other Federal Agencies 

Mike Turpenoff created a guide entitled “A Model for Developing an Ombudsman Program”. The guide 

is specific to Ombudsman Principles and Standards. Mike will distribute the guide to coalition members 

for comment after final review. 

H. IOA Article for Newsletter: “Development of the CFO and IADRWG Guide for Federal 

Employee Ombudsman”. 

Joe is collecting information for the Newsletter Article and will keep members posted. 

For a copy of the guide titled: Ombuds: "A Guide for Federal Employee Ombuds: A Supplement to and 

Annotation of the Standards for the Establishment and Operations of Ombuds Offices Issued by the 

American Bar Association" (May 9, 2006 Guide issued by the Coalition of Federal Ombudsmen and the 

Federal Interagency ADR Working Group Steering Committee). Additional guidance can be found at: 

http://www.adr.gov/guidance.html. 

I. Other Business 

Bob Marley, DOD-Navy is conducting Training 6/7 Feb for all regional Navy Ombudsman. He offered to 

provide training to interested organizations. Joe asked Bob to provide streamlined training at the 

annual conference. 

Joe thanked Mike and Melissa for their contribution to the completion of the new CFO website. 

J. CFO Meeting Adjournment 

Coalition of Federal Ombudsman meeting adjourned at 2:20 PM. 

K. Next Meeting 

- Wednesday, March 14, 1-3 PM 

 

If you have questions or business items for discussion, please send them to Joseph Ganci, USDOL, 

OIG's Ombudsman at ganci.joseph@oig.dol.gov or 

call 202-693-5179. 

 

Hope you can be there! 
21

Coalition of Federal Ombudsman 

Wednesday, March 14, 2007 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: 

 

Joseph Ganci DOL/OIG 

Mike Turpenoff ED/FSA 

Greg Remas USSS 

Jackie Hoffman TSA 

Edith Barton ATF 

Marianne Ketels ATF 

Marcus Martin BOP 

Eileen McCarthy DOL/EEOICPA 

Malcolm Nelson DOL/EEOICPA 

Barbara Omohandro LOC 

Robert Marley Navy 

Bonnie Bautz U.S. Mint 

Greg Burke DVA 

Tangita Daramola HHS/CMS 

Robert Brown FDIC 

John Settle Architect of the Capitol 

Wendy Kamenshine DHS

Laurie Hanker FDA 

Coalition of Federal Ombudsman President, Joe Ganci called the meeting to order at 1:10 p.m. The

January 10, 2007 Meeting Minutes were approved.

Discussion Topics: 

A. IOI Report Categories 

Joe Ganci reported that information is still being collected and will be discussed at the Annual IOA 

Conference in St. Louis, Missouri, in April 2007. 

B. Ombudsman vs. Ombudsmen Survey Results 

 

Joe Ganci reported that results were split 50-50 and distributed a copy of the survey results to date. It 

was agreed to leave the survey on the website and another e-mail will be sent through the CFOListserv. 

The results will be discussed and a decision made at the CFO April conference. 

C. S. 558, the Mental Health Parity Act of 2007 

Eileen McCarthy distributed a copy of the February 12, 2007 press release from Pete Domenici’s office 

announcing the approval of the Act. The bill requires health insurance plans that offer mental health 

coverage to provide that coverage on par with financial and treatment coverage offered for other 

physical illnesses like heart disease, diabetes or asthma. As part of the Federal administrative 

responsibilities required by the Act, the Secretary of the Department of Health and Human Resources 

must designate an individual within that department to serve as the group health plan Ombudsman. 

This person will serve as the initial point of contact to permit individuals to obtain information and 

MEETING MINUTES
2 

provide assistance concerning coverage of mental health services under health insurance coverage 

issued in connection with the group health plans in accordance with the Act.

D. President’s Executive Order: “Establishing a Commission on Care for American’s 

Returning Wounded Warriors and a Task Force on Returning Global War on Terror Heroes” 

Mike Turpenoff provided a copy of the executive order that calls for the establishment of a commission 

on care for America’s returning wounded service members. The group discussed what individual 

agencies are doing in this area. Certain Federal agencies have been asked to broadly look at the 

services they provide to service members, particularly wounded service men and women and some 

ombudsman offices have been involved. The DVA is hiring about 1000 veterans to help service 

members navigate the medical system. DOE provided information to the Secretary of education to 

assist in a review of policies and procedures related to services for veterans and servicemen/women. 

ATF provides the employees who volunteer to serve in Iraq with pre and post deployment education 

and briefings. 

Wendy Kamenshine provided a DHS website and a telephone number for veterans seeking immigration 

information: 

 Website: www.DHS.gov\CISombudsman

 Phone: 202-357-8100 

E. Developing Ombudsmen in Other Federal Agencies 

Mike Turpenoff created a guide entitled “A Model for Developing an Ombudsman Function.” The guide 

provides a roadmap for developing an Ombudsman Office. Mike will soon send the guide for coalition 

members to comment. 

F. CFO Annual Conference 

The annual CFO conference will be held all-day, the fourth Wednesday in May 2007, May 23; in lieu of 

the regular meeting. 

1. Joe provided the draft agenda and solicited volunteers to address the following topics: 

 

- Coordination vs. Confidentiality between EEO, Ombudsman 

- Interaction with Oversight Organizations (Capitol Hill) 

- Unionized Operations (re: Congress resolution that TSA employees be eligible to unionize) 

- Legal updates. Rick Kurtz will facilitate 

- Receiving Notice of Illegal Activities and Working with Law Enforcement/OIG 

- IOA Conference Update 

- FAR 16.505, Contracting Ombudsmen 

- Ombudsman for the Ombudsman 

Joe asked and received volunteers to facilitate each topic at the conference. 

Joe indicated there will be elections for the offices of CFO Vice-President, Membership and Secretary. 

G. Future Training Opportunities 

Upcoming training opportunities and conferences were discussed. They include: 

a. International Ombudsman Association 2nd Annual Conference, April 11-14, 2007, St. 

Louis, MO., $450. www.ombudsmanassociation,org/conference/index.html

b. Inter-Agency ADR Working Group, Workplace Section Lunchtime Series – 

Distinguishing Conflict from Crisis, DOE, Thursday, March 15th, 2007, Noon-1:30 pm, 

FREE. http://www.adr.gov/a.html
3 

c. 22nd Annual FDR Conference 2007, San Francisco, CA – July 29-August 2, 2007, 

$1,095. www.fdrconferences.org

H. Other Business. 

Edith Barton raised the issue of widespread notification to federal agencies in an effort to increase 

participation and assist in the development of Ombudsman. Joe Ganci indicated he would distribute 

information about the conference via the IADRWG listserv and consider attending the steering committee 

meetings since the working group captures a larger audience. 

Tangita Daramola suggested the CFO establish a membership committee. Her idea was very well 

received and led to further discussion on how the CFO can gain a greater presence both within and 

outside the Ombudsman arena. The members decided to explore establishing an outreach to 

Congressional contacts. 

Greg Burke recommended that we get involved with the interagency ADR work group. Joe Ganci 

volunteered to contact the group to discuss the possibility of a CFO presence on their committee. Greg 

Burke also suggested that the CFO distribute literature about the organization at the 2007 FDR 

conference in San Francisco. 

I. CFO Meeting Adjournment 

Coalition of Federal Ombudsman meeting adjourned at 2:35 p.m. 

J. Next Meeting 

Annual Conference tentatively scheduled for May 23, 2007, at the U.S. Department of Education, 

Federal Student Aid, 830 First Street, NW, Washington, DC.. 

If you have business items for discussion, please send them to Joseph Ganci, USDOL, OIG's 

Ombudsman at ganci.joseph@oig.dol.gov or call 202-693-5179. Hope you can be there! 
4 

Coalition of Federal Ombudsmen 

Sixth Annual Meeting 

June 11, 2007 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: 

 

Sharon Asar, TSA

Marceita C. Alexander ATF

Edith Barton ATF

Bonnie Bautz U.S. Mint 

Eileen Berry U.S. Secret Service 

Gregory A. Burke U.S. Department of Veterans 

Affairs 

Tangita Daramola U.S. Department of HHS 

Joyce DeMoss TSA

Joseph Ganci U.S. Department of Labor 

Stephen T. Gadziola TSA

Jackie Hoffman TSA

William L. Howard, Ed.D. Maryland Court of Appeals 

Barbara Johnson U.S. Mint 

Jerry W. Jones HUD, ODEEO 

Wendy Kamenshine U.S. Department of Homeland 

Security 

Marianne C. Ketels ATF

Richard J. Kurtz U.S. Department of Education 

Marcia K. Larkins, D.V.M. FDA 

Dennis Lazzar U.S. EPA 

Dr. Melina Lincoln Richardson TSA

CDR Robert Lyon Office of the Secretary of 

Defense 

Marcus Martin Federal Bureau of Prisons 

Eileen McCarthy U.S. DOL 

Barabar Omohundro Library of Congress 

Joseph Raiti U.S. Department of HHS 

Kevin Randolph TSA

Gregory Remas U.S. Secret Service 

Erika T. Selmon HUD, ODEEO 

Norval D. Settle U.S. Architect of the Capitol 

Paul Sotoudeh TSA

Gordon Talbot FDIC 

Michael C. Turpenoff U.S. Department of 

Education 

Sarah Ward U. S. Department of the Navy 

Linda Bradford Washington HUD, ODEEO 

Carole W. Wilson Office of the General Counsel

 

Coalition of Federal Ombudsmen President, Joe Ganci called the meeting to order at 9:15 a.m. 

Discussion Topics: 

A. Legislative Updates 

Rick Kurtz, DOED, presented an overview of the year. There were no significant changes or new statutes but over 

the last five years, there clearly has been an emerging recognition of the ombudsman program. The progression is 

slow but it is real. Rick recommended that agencies try to create their ombudsman programs through a statute, 

which gives them a much stronger framework. 

 

B. IOA Conference Update

 

Mike Turpenoff, DOED, shared information about topics of discussion at the IOA conference. The IOA would like to know 

the interests and needs of the various Ombudsmen sectors: government, academic and private. Mike distributed the 

IOA 2007 Government Forum Overview, the summary from the government session at the conference. Mike and Joe 

discussed sharing the results of the government session with the IOA and all agreed that they would draft a letter to the 

IOA to be reviewed by the CFO members. 

C. IOA Reporting Categories Survey 

Joe Ganci handed out a document entitled “Comparing Apples to Apples: the Work of the IOA Database 

Categories Task Force”. 23 organizations reported 16,801 categories. The top three categories were Evaluative 

Relationships (35%), Employee Compensation and Benefits and Values, Ethics and Standards (tied at 15%), and 

MEETING MINUTES
2 

Career Progression and Development (14%). The majority of members participating in the survey said that they 

would be able to use these categories.

D. FAR 16.505, Contracting Ombudsman 

Sarah Ward of the Navy’s Sea Port Program, Naval Sea Systems Command presented a comprehensive overview 

of the Navy’s Sea Port Program. Sea Port is a set of multiple award contracts consisting of 1,283 prime 

contractors. It is the enterprise solution to acquiring engineering, financial and program management support 

services for the Navy. There are seven geographic zones based upon principal place of performance. There is an 

established Ombudsman in each and an overarching Ombudsman in Headquarters.

E. Receiving Notice of Illegal Activities - Working with Law Enforcement/OIG 

Eileen Berry, USSS, Joe Ganci, DOL/OIG and Marianne Ketels, ATF discussed the receipt of notice, whistle 

blowing and its consequences, and reporting illegal activities as an Ombudsman working in a law enforcement 

environment. Eileen defined the Giglio Policy that was established to ensure the timely disclosure to prosecutors of 

any potential impeachment information concerning employees who would be providing a sworn statement or 

testimony in a criminal case on behalf of the Government. 

F. Coordination vs. Confidentiality between EEO, Ombudsman and Unionized Operations 

Bonnie Bautz, US Mint, Joyce DeMoss, TSA and Marcus Martin BOP each gave an overview of how their 

respective Ombudsman operations are run and how they interact with their EEO offices and the unions. A common 

theme was the importance of the Ombudsman and staff to be visible, open, communicative and willing to 

coordinate with EEO and the unions. 

G. Federal Ombuds Annual Reports: Development, Drafting, and Delivering to Congress 

Tangita Daramola, HHS, Wendy Kamenshine, DHS and Eileen McCarthy, DOL described how they prepare and 

publish their annual reports. Wendy provided copies of her 2007 report that was delivered to Capitol Hill while the 

CFO conference was in progress. 

H. Business Meeting 

1. The CFO’s open positions were filled. Congratulations to our new officers: 

 Vice Chair Michael C. Turpenoff 

 Secretary Gregory A. Burke 

 Membership Chair Bonnie Bautz 

2. The Ombudsman/Ombudsmen/Ombuds Survey Results were presented. The winner is 

Ombudsman. A footnote similar to IOA’s will be included on the website. 

3. The group looked over the CFO website and made the following suggestions for changes: 

a. Split up members’ names by the type of Ombudsman they are (i.e., organizational, 

legislative); 

b. Provide links to Ombudsmen’s offices; charters, legislation and CFO guide. 

 Joe Ganci asked that all other suggestions be sent to the CFOListserv. 

Joe Ganci adjourned the annual meeting at 4 p.m. 

Next Meeting: Wednesday, September 12, 2007, 1 to 3 p.m., U.S. Department of Education, Federal Student Aid, 

830 First Street, NE, Washington, DC 

Hope you can be there! 

CFO Website: http://federalombuds.ed.gov

CFO Listserv: CFOListserv@verizon.net
3 

Coalition of Federal Ombudsmen 

Wednesday, September 14, 2007 

Minutes 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: 

 

Joanne Adams HUD

Sharon Asar TSA 

Edith Barton ATF 

Bonnie Bautz U.S. Mint 

Eileen Berry U.S. Secret Service 

Gregory A. Burke U.S. Department of Veterans Affairs 

Joseph Ganci U.S. Department of Labor 

Barbara Johnson U.S. Mint 

Lynel S. McFadden U.S. DOEd 

Barbara Omohundro Library of Congress 

Gregory Remas U.S. Secret Service 

Gordon Talbot FDIC 

Michael C. Turpenoff U.S. Department of Education 

Items: Joseph Ganci, Chair, called the meeting to order at 1:15 PM. 

A. Conference Minutes of June 11, 2007 

The meeting approved by consensus the minutes of the meeting and conference of June 11, 2007. 

B. Ombudsman Model Office 

Mike Turpenoff and Joseph Ganci discussed the development and reissue of the “Development of An 

Ombudsman Office”. Mr. Turpenoff explained that he and others had developed the “Model” at least five 

years ago. Substantial developments in the Ombudsman field have occurred since then, including wider 

use of the Ombudsman office in Federal agencies, also leading to increased interests in the field. Mr. 

Turpenoff will be reviewing the “Model” over the next several months and asked members of the CFO to 

provide him comments concerning suggested changes. He will prepare a summary of the changes and 

submit them to CFO at the next meeting on November 14, 2007. Comments were to be provided to Mr. 

Turpenoff at Mike.Turpenoff@ed.gov

C. Development of Ombudsman Activities 

In response to an inquiry by Mr. Ganci, several CFO members suggested that the CFO become more 

involved in promoting and highlighting activities of the CFO and other Ombudsman. The consensus 

was that the Ombudsman function would be possibly developed and supported more by agencies if the 

CFO and other ombudsman activities were to take a higher profile within the Federal Government so as 

to highlight the value of the function and its contribution to agency missions. Bonnie Bautz, Sharon 

Aser and Greg Burke volunteered to look into possibilities for developing and publicizing ombudsman 

activities and to report back to the CFO. 

MEETING MINUTES
4 

D. Assisting Ombudsman in Other Agencies 

A brief discussion occurred concerning providing assistance to other agencies Ombudsman and 

programs. The discussion recognized that Ombudsman provide assistance to other offices at no cost 

in a spirit of cooperation and the recognition that their discussions with other ombudsman are helpful to 

their own performance. 

E. Federal Inter-Agency Dispute Resolution Working Group 

Mr. Ganci noted that he had attended the recent meeting of the Inter-Agency. Mr. Ganci noted that he 

serves as representative of CFO on or to the Working Group that their discussions in ADR focus on 

mediation and workplace concerns but that there is a shared interest in resolving problems and that he 

believes a good working relationship can be established between the two groups. (The Group’s next 

scheduled is on December 19, 2007). 

The Working Group also sponsors periodic “brown bag” luncheon continuing education sessions. Its 

next sessions were scheduled for September 20, 2007 (“What’s in Your Toolkit? The Right Tools for the 

ADR Practitioner”) and September 25, 2007 (“Be a Proactive Mediator: Address Implementation – 

before Problems”). 

F. Anonymous Email 

Sharon Asar asked whether ombudsman could receive anonymous Email. Ms. Asar was concerned 

about whether software existed that would allow an office to receive Email from employees without the 

Email being traced back to a specific office or location. Few members were aware of any such 

possibility although there was some discussion of whether off-the shelf programming was available for 

that purpose. 

G. Future Training 

The International Ombudsman Association (IOA) will provide ombudsman training on October 15-18, 

2007 in Philadelphia, PA. More information is available from IOA’s at 

http://www.ombudsassociation.org/Training.html. 

The United States Ombudsman Association will hold its annual conference on September 23-28, 2007 

in Anchorage, AK. More information is available from www.usombudsman.org. 

Next Meeting: Wednesday, November 14, 2007, 1 to 3 p.m., U.S. Department of Education, Federal 

Student Aid, 830 First Street, NE, Washington, DC 

Hope you can be there! 

CFO Website: http://federalombuds.ed.gov

CFO Listserv: CFOListserv@verizon.net
5 

Coalition of Federal Ombudsmen 

Wednesday, November 14, 2007 

Minutes 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Attendees: 

Joe Ganci, Bonnie Bautz, Kristie Kelm, Greg Burke, Marianne Kettles, Marika Cunningham, Virginia 

Behr, Dennis Logan, Joyce DeMoss, Mike Turpenoff, Jennifer Ortiz 

Items: 

Joseph Ganci, Chair, called the meeting to order at 1:15 PM. 

A. Minutes of September 12, 2007 Meeting 

The minutes of the September 12, 2007 meeting were approved without substantial change. 

B. “A MODEL FOR DEVELOPING AN OMBUDSMAN FUNCTION” 

Mike Turpenoff advised that he had recently circulated a draft guide for establishing a Federal 

ombudsman’s office in two formats. Mike was interested in obtaining comments on the best format and 

on the substance of the draft, which had been written several years ago and needed to be updated. 

Mike asked for comments by December 1, 2007 on both the substance and the appropriate format for 

the draft. 

C. Development of Ombudsman Position 

The group discussed at length the prospects for developing the ombudsman position in the Federal 

Government. Wendy Kamenshine noted that the American Bar Association Administrative Law Section 

has done work in surveying the use of Ombudsman in the Federal Government. 

Joe Ganci noted that our membership lists consists of approximately 70 ombudsman offices. There 

was consensus that Federal ombudsman need an advocate, more publicity for the position, and 

education of the public on the functions that the office serves. Bonnie Bautz and Greg Burke both 

noted the difficulties they face as “organizational” ombudsman and the need to strengthen the position 

of ombudsman in their organization. 

Their was a brief discussion concerning the diverse role of ombudsman in the Federal sector, including 

discussion of the Taxpayer Advocate, and the distinction to be drawn between ombudsman focusing on 

the administrative processes of their agency versus ombudsman serving as advocates under statutory 

or other regulatory mandates. 

Greg Burke suggested that CFO consider the difficulties that ombudsman face by first analyzing their 

status under the Administrative Disputes Resolution Act (ADRA) and then deciding where to go from 

there. He advised the group that, by the next meeting, he would try to prepare an analysis of ADRA for 

CFO’s consideration. Joe Ganci advised that he would place the presentation on the next agenda. 

MEETING MINUTES
6 

Jennifer Ortiz, Bonnie Bautz and Greg Burke agreed to meet before the next meeting to develop an 

approach to how we can better develop the CFO and advocate for Federal ombudsman and present it 

to the CFO at the next meeting. 

D. Issues 

Several issues facing ombudsman were discussed including: how to interact with employee unions and 

what ombudsman recordkeeping requirements are. Solutions to these issues varied according to the 

approaches of individual offices and no consensus was reached except to conclude that ombudsman 

should be fully aware of the office culture, their internal policies and generally applicable law and 

regulations. 

E. Training 

Several persons noted their attendance at the IOA's Ombudsman 101 Training course and noted that it 

was, on balance, a good training opportunity. The course will be presented in D.C. in July 2008. 

F. DC Area Ombudsmen Group 

Wendy E. Kamenshine noted that the next meeting of the Group would be on December 4, 2007 to 

discuss the relationship between ombudsman and contractors 

G. Ombudsman Position 

Christie Kelm noted that her office is developing an ombudsman position, which should be announced 

shortly. 

Next Meeting: 

The next meeting will be held on January 9, 2008 at ATFE National Headquarters 99 New York Ave, 

NE, Washington, DC 20226
7 

Coalition of Federal Ombudsmen 

Wednesday, January 9, 2008 

Minutes 

U.S. Department of Education 

Federal Student Aid 

830 1st Street, NE 

Washington DC

Joe Ganci, Chair, Bob Lyon, Meegan Keeney, Mike Turpenoff, Vice Chair, Bonnie Bautz, JoAnn 

Adams, Cecil Reanos, Wendy Ginsburg, Jim Sheldon, Jerry Jones, Barbara Johnson, Edith Barlier, 

Greg Burke, Secretary, Marianne Kettles, Debra Wiley, Joyce DeMoss 

Items: 

Joseph Ganci, Chair, called the meeting to order at 1:15 PM. 

A. Minutes of September 12, 2007 Meeting 

The minutes of the November 14, 2007 meeting were approved without substantial change. 

B. Vacancy Announcements 

Bonnie Bautz informed that the Bureau of Prisons had announced an ombudsman position at GS-15. 

Mike Turpenoff informed that the Department of Education had announced a GS 13-14 position for an 

ombudsman as well. 

C. IADRWG 

Joe Ganci advised that he had attended the most recent meeting of the Interagency Alternative Dispute 

Resolution Working Group (IADRWG). He advised that he had introduced himself to the group, 

advised them of CFO’s purpose and actions, and had tried to establish a continuing liaison between the 

two groups. 

D. “A MODEL FOR DEVELOPING AN OMBUDSMAN FUNCTION” 

Mike Turpenoff advised that he had received comments from several people concerning the draft 

“Model” and had closed the comment period after December 13, 2007. 

Among the comments, were recommendations for the development of a new format for the “Model” 

which had been issued several years ago, and it is now being updated. Several substantial comments 

were made to concerning the “Model”, including the following: ombudsman positions be targeted fro a 

GS-14 at least up to Executive Level SES; a new GS-15 position description be added to the “Model”; 

and a 15-20 page Executive Summary be used as an introduction to the model. . 

Mike said he was willing to continue to entertain comments on the revised “Model”, which had been 

written several years ago and needs to be updated. Mike asked for comments by December 1, 2007 

on both the substance and the appropriate format for the draft. 

MEETING MINUTES
8 

Mike advised that the draft with suggested revisions should be available early next year. 

E. Ombudsman Promotions 

Bonnie Bautz shared with the group a video presentation showing her office’s services and advised that 

she would be willing to share the presentations with any other office. 

F. ADRA 

Greg Burke discussed the application of ADRA to Federal Ombudsman. Greg advised that he has 

worked with several other volunteers to work out a position concerning the application of ADRA to 

Federal ombudsman offices and had tentatively concluded that a legislative fix was necessary to fix the 

problems although his small group of volunteers had not yet reached a conclusion. He distributed (and 

collected) a draft paper discussing the issue. 

Greg also noted that, he is working jointly on the project based on his membership in the IADRWG, 

which has asked him the Bonnie Bautz, Jerry Jones and several others 

G. CFO June 2008 Conference 

Joe Ganci gave a brief preview of the CFO June conference. He stressed that the theme of the 

conference would be on the development and promotion of ombudsman offices, including measuring 

the need for and quality of ombudsman services. Among the presentations will be topics covering, 

USEERRA, ADRA, National Security, and ombudsman functions at the US Mint and TSA. 

CFO has not finalized the site, but anticipates AFT Headquarters in Washington DC will host. 

H. Next Meeting: March 12, 2008 

F. Adjournment 

Gregory A. Burke 
9 

Seventh Annual Meeting 

June 11, 2008 

ATFE National Headquarters 

99 New York Ave, NE 

Washington, DC 20226 

Theme 

Developing Ombudsman Positions in the Federal Government

Opening Remarks 

 The theme of the conference was developing ombudsman positions in the Federal 

Government. Since ombudsman first appeared on the scene in Government in the 1960’s, positions of 

Ombudsman have been developing slowly throughout government but have not been the focus of any 

specific effort to raise the quality and quantity of Ombudsman programs. 

 The conference’s first order of business, however, was to pay tribute to Joe Ganci who 

resigned as president this year after serving for three years in that role. Joe’s services as ombudsman 

for the Department of Education were expendable when that agency experienced a budget shortfall, 

Joe was transferred to another office, and his position dissolved. 

 Mike Turpenoff, Vice-Chair, acceded to the duties of Chairman and chaired the conference. 

 Mike gave Joe’s service as Chair a fitting tribute and thanked Joe for his service as chair during 

the last three, challenging years. 

Conference Summary 

The theme of the conference, "Developing Ombudsman Positions” was taken up from several 

perspectives. 

Joyce DeMoss, Transportation Safety Administration (TSA) made two presentations addressing 

the use of customer feedback in developing and providing ombudsman services Joyce made an 

engaging presentation on the extensive customer survey being sued to at her agency and its 

usefulness in allowing conflict resolution services to be directed where best needed and to meet her 

agency’s needs. 

Bonnie Bautz, US Mint, and Jerry Jones, Department of Housing and Urban Development, 

joined Joyce in her presentation concerning conflict management systems. Each described the 

systems in use at their agencies for the development and use of conflict management including 

ombudsman services. 

The theme continued with Robert Lyon, National Committee for Employer Support of the Guard 

and Reserve and Jim Sheldon, Jim E. Sheldon, National Geospatial-Intelligence Agency, describing 

how ombudsman programs have developed in their agencies. The contrast between their programs 

was particularly striking. The Intelligence agency operates in a secure environment addressing matters 

of national security. The Guard program primarily uses volunteers to address the needs of National 

Guard members returning to civilian life following tours in the military. 

MEETING MINUTES
10

The conference also considered the legislative underpinning of Ombudsman positions. Greg 

Burke, an Ombudsman for the Department of Veterans Affairs’ Office of Resolution Management, 

offered an analysis of the Administrative Dispute Resolution Act and concluded that ombudsman offices 

should be developed under statute. 

Nina Olson, the Taxpayer Advocate and keynote speaker, gave a first hand description of the 

value of statute in a developing ombudsman office. Ms. Olson described how the taxpayer Advocate’s 

Office had evolved over time from a mere administrative organ of the Internal Revenue Service into an 

Advocate for taxpayers who claim government treats them unfairly. Ms. Olson described some 

reluctance to describe the Taxpayer Advocate as an “ombudsman”, but that, in its operations they serve 

the traditional ombudsman function of providing an agent of government to protect taxpayers from the 

alleged abuses of that government. 

Ms. Olson indicated that she would be willing to support a proposal to establish any federal 

ombudsman offices under minimum standards to assure that the government can obtain the maximum 

benefit from there services. 

Follow-up

Several Issues were to be explored by conference members following the conference. 

Ombudsman Law: Greg Burke was to continue to examine with the Ombudsman Study Group 

of the Inter Agency Working Group and Coalition members, whether an ombudsman statute for Federal 

agencies is feasible and, if so, what its content should be. 

Ombudsman Position Descriptions: Mike Turpenoff was to develop contacts with Office of 

Personnel Management concerning the development of ombudsman position descriptions and 

classification series. 

Our next meeting: September 10, 2008 

Gregory A. Burke 

Secretary, CFO 
11

November 12, 2008 

Attendees: 

Joanne Adams 

Jean Aden 

Howard Balick 

Bonnie Bautz 

Gregory Burke 

Marcieta Cunningham 

Sally Davis 

Joyce DeMoss 

Howard Gadlin 

Jerry Jones 

Marianne Ketels 

Robert Lyon 

Wendy Kaminshine 

Laurie Lenkel 

Marsha Larkins 

Linda Lord-Jenkins 

Peggy Matthews 

Linnell McFadden 

Patricia Reeve 

James Sheldon 

Gordon Talbot 

Mike Turpenoff, Acting Chair 

1. COFO Organization and Processes: Mike Turpenoff referenced the need to change the call 

letters for CFO, which is frequently being mistaken for Chief Financial Officer. 

Mike also advised that a majority of the votes cast by members in attendance carry issues at the 

meetings. Membership and voting requirements are described in the charter on our website at 

http://www.federalombuds.ed.gov/index.html. 

Mike will also be reviewing the charter for updates and present his findings at the next meeting. 

2. Unified Model for Ombudsman Offices: The Model has been reviewed and will be uploaded 

to CFO’s Website on the Department of Education Server as soon as it can be made Section 508 

compliant. John Zinger will add cost data on ombudsman offices. Additionally, Linda Ford Jenkins and 

Ruth Cooper-Writer, USOA Board members are also taking the opportunity to review and comment on 

the Model before uploading. Mike noted that the IOA had also been contacted and given the 

opportunity to comment. 

3. USOA Chapter for Federal Ombudsman: Mike advised that the USOA had been contact 

about the possibility of forming a Chapter for Federal Ombudsman. Linda Ford Jenkins advised that 

the USOA’s Board would be supportive of the idea: USOA allows any members to create a chapter 

that is addressed to their interests. 

Ms. Jenkins noted that Federal employees would likely qualify as associate members of USOA and 

must be members of USOA to create a chapter. A USOA Associate membership cost $125 /year. An 

agency could purchase the membership for an employee and transfer it as appropriate. Ms. LordJenkins stated Associate members do not vote as members of the USOA. In response to a question, 

she advised that USOA is composed primarily of executive ombudsman. 

4. IADRWG: Mike discussed attendance as a CFO representative at meetings of the IADRWG. 

Joe Ganci, former president, had attended several of their meetings and found them informative. Mike 

will be pursuing that goal over the next several months. 

Note: Greg Burke is a member of the IADRWG and attends most of their meetings for VA, his agency 

5. Ombudsman Who Wear Two Hats: The group discussed this topic at length. Several 

concerns were noted. 

MEETING MINUTES
2 

The question was posed as to whether a “Two-Hat” ombudsman is an ombudsman in the commonly 

understood meaning of the term as opposed to an agency official with that name. Several felt that, if an 

“ombudsman” cannot maintain the independence and impartiality commonly associated with the office, 

then the title of their office would not be indicative of their status as a practicing ombudsman. 

Concern was also expressed concerning the extent to which dueling responsibilities could detract from 

the ombudsman work or make the office more susceptible to pressure from management. Several 

people expressed that the competing duties could cause greater pressure on an ombudsman wearing 

two hats. 

HUD’s Peggy Mathews is an example of an ombudsman wearing two hats in the Inspector General’s 

office. She noted that while, in theory, concerns with independence could be an issue, her organization 

has been supportive of her position, and she has not encountered the conflicts-of-interests that might 

otherwise have arisen. 

6. Ombudsman Grade and Job Series: Joyce DeMoss presented the results of her survey 

concerning comments on the potential Ombudsman Job Series. Joyce said she had placed the 

following issues on the net through the Department of Education’s listserv: 

Question 1: What are the goals and aims of the process to establish an OPM-sanctioned 

Ombudsman job series, classification, and title? 

Question 2: What are the risks associated with pursuing this effort? 

Question 3: What are the benefits associated with pursuing this effort? 

Question 4: What is the strategy that should be pursued to accomplish this effort? 

She had received five responses, which were distributed before the meeting. 

However, several members expressed concern that they had not had an opportunity to view the 

questions because they had not been adequately distributed on the listserv. Consequently, Joyce 

DeMoss agreed to post the questions again through the Department of Education listserve and Mike 

agreed to look into any problems with the electronic distribution. Members were also concerned with 

the effect of any initiative for the legislative creation of an ombudsman office would have on any similar 

initiative for the creation of an ombudsman job series. The issue will be discussed again at our next 

meeting. 

The group agreed to subgroup to look into the question of developing a job-series which will be headed 

by Mike. 

In response to concerns by members, the group agreed by consensus that the subgroup looking into 

the issue of a generic statutory Federal ombudsman would work to present any proposal to the CFO, as 

its parent body, before raising any issues outside the organization. 

Greg also noted that one or more members of the USOA will be attending the working group’s next 

meeting, which any ombudsman is invited to attend and will be invited to via the list serv. 

7. Next Meeting: The next meeting is on January 14, 2008 at 1:00 PM. 

8. Adjournment: The meeting adjourned at 3:15 PM. 

Gregory A. Burke 

Secretary, CFO. 
3 

February 4, 2009

ATTENDEES (* denotes call in participant):

Marceita Cunningham 

A. H. Davis 

Jackie Hoffman 

Howard Balick* 

John Zinsser* 

Virginia Behr* 

Anita Kendall* 

Michelle McKenzie* 

Marsha Larkins* 

Ruth Cooperrider (USOA)* 

Laurie Larkin 

Bonnie Bautz

Barbara Johnson 

Marianne Ketels 

Jim Sheldon 

Mike Turpenoff 

COFO ADMINISTRATION: 

 Mike Turpenoff called the meeting to order at 1:15 p.m. 

 The draft minutes for the November 12th meeting were provided. Mike Turpenoff asked that 

members review them and submit comments for correction as needed. 

 Mike Turpenoff noted that several members informed him that they were receiving COFO Listserv 

messages, but were unable to send items on the Listserv. Mike Turpenoff advised he would 

address the issue with the supporting Department of Education IT office. 

 The possibility of establishing a Federal Ombudsman Chapter in the USOA was discussed and 

questions posed to Ms. Cooperrider regarding the process for establishing such a chapter. 

Additionally, Ms. Cooperrider confirmed that USOA would accept memberships by individual 

ombudsman positions with incumbents designated as the POC. Thus, when an incumbent changed, 

the successor would become the new POC for that membership. This position membership concept 

would allow Federal ombudsmen to seek their agencies’ payment of the membership fee. 

 Mike Turpenoff raised the question of establishing COFO designated liaisons to various 

organizations such as the USOA and IOA. He asked that COFO members consider their views on 

having such liaisons and whether anyone has an interest in serving as a liaison to a specific 

organization. The liaison concept will be discussed at a future meeting. 

 Mike Turpenoff noted that COFO had not revised its charter since its original publication. He 

suggested that, based upon issues that had arisen (e.g. member definitions, voting capability, 

quorum definitions), it would be appropriate to review and update the charter. He asked the 

attendees to review the charter and provide feedback. Determining if a working group was needed 

to complete the revision would be deferred to a subsequent meeting. 

USOA COMMENTS ON COFO STANDARDS GUIDELINES: 

Ms. Cooperrider did not comment specifically on the COFO standard guidelines, but referenced her 

December 2005 letter commenting on the COFO, “A Guide for Federal Ombuds.” She noted the 

continued applicability of the four issues raised in that document to both COFO and ABA guidelines. 

She noted that the ABA had not responded to comments proffered by USOA regarding the ABA 2004 

ombudsman standards revision. 

DRAFT OMBUDSMAN ACT REPORT AND DISCUSSION: 

MEETING MINUTES
2 

Mike Turpenoff advised that Greg Burke, the lead on the draft act working group was not able to attend 

the meeting. He noted that the working group’s composition was ad hoc, but had regular participation by 

Bonnie Bautz, Joanne Adams, and Laurie Lenkel or her FDA associates. He advised that relatively few 

comments were received regarding the draft act and requested that COFO members review the draft 

and offer specific comments for changes, deletions, additions to the language. Bonnie Bautz noted that 

the working group had crafted a shorter version, patterned on the IG Act and other standards. That 

version is available for review upon request to Bonnie. Mike Turpenoff related that the intent is for the 

working group to consolidate the two versions and suggested changes into a unified document for a final 

review. He also solicited opinions as to whether COFO should move forward on the project. 

John Zinsser offered comments including concern regarding the implications of an ombudsman act upon 

non-federal and private ombudsman practitioners. He asked what the impetus for seeking the 

legislation? (Mike Turpenoff advised it stemmed from National Tax Payer Advocate comments 

regarding independence and the elimination of an organizational ombudsman positions in federal 

agencies.) John Zinsser indicated he believed the act needed to expand upon the various roles of an 

ombudsman and to address the scope and size of the program. He advised that there was legislative 

opposition to ombudsman programs and believed statements in the draft act needed to be strengthened 

(based upon empirical data) to reflect the value added of an ombudsman program. Although he 

counseled against rushing the process, he suggested that the project should have time sensitivity based 

upon congressional activity regarding financial oversight which uses the term ombudsman. 

FEDERAL GOVERNMENT OMBUDSMAN JOB SERIES REPORT AND DISCUSSION: 

Mike Turpenoff noted that comments received and compiled by Joyce DeMoss regarding the job series 

proposal offered alternative views. Further, there was a need to solicit other organizations for their 

views. He said it was his sense from the comments that the effort should go forward in a careful and 

measured fashion. He also noted that it was an incorrect assumption that OPM would establish the 

series independently. Rather, OPM would seek input from subject matter experts and would not 

unilaterally define the position. 

Bonnie Bautz advised that she had contacted OPM regarding the guidelines for establishing a new job 

series. The OPM representative responded that there were no specific guidelines. However, she 

suggested that it would be beneficial to have one or two agencies take the lead in supporting the 

proposal. The OPM representative noted that, rather than establishing a new job series, they had 

streamlined a vacancy announcement for a FOIA Specialist but retained it under the Program Manager 

job series. 

Mike Turpenoff observed that there were two tracks on the project. One was developing the language 

for the job series. The other was surveying agencies to assess the nature of ombudsman functions. He 

suggested that developing the series language could proceed before a survey was conducted. Ensuing 

discussion noted that a COFO survey effort circa 2000 had proven ineffective as the use of the term was 

ombudsman was widespread but frequently inapplicable to established ombudsman functions. Thus, 

conducting a survey of all federal ombudsman positions would require obtaining external survey 

expertise and assistance. 

John Zinsser commented that it may be useful to juxtapose the legislative action versus the job series 

action. Laurie Leckler agreed to contact the National Taxpayer Advocate’s assistant, Megan Kinney, to 

obtain information on the surveys they had conducted. 

OPEN FORUM: 

There was no additional discussion. 

Mike Turpenoff advised that the next COFO meeting would be on Thursday March 19, 2009, at the 

ATFE Headquarters, from 1:00 – 3:00 p.m. This would enable COFO to return to its normal bi-monthly 

meeting schedule. He also requested that members be prepared to decide on the next steps for both 

the proposed ombudsman act and job series project at the next meeting 

Mike Turpenoff adjourned the meeting at 3:10 p.m. 
3 

ATFE National Headquarters 

Washington, DC 

May 13, 2009 

1. Attendees ( * denotes call in): 

Andrew Moss* Marceita Cunningham 

Jackie Hoffman* Jim Sheldon 

Marcia Larkins* Howard Balick* 

Wendy Kamenshine* Joyce DeMoss* 

Marianne Ketels Sally Davis 

Laurie Lenkel Barbara J. Johnson 

Gregory Burke Mike Turpenoff 

Althea Jacobs Bonnie Bautz 

2. The meeting was called to order by the Chair, Mike Turpenoff, at 1:15 p.m. and commenced with 

announcements and miscellaneous: 

a. Membership Committee Chair Bonnie Bautz advised that she has created COFO letterhead 

stationery to be used for COFO communications. 

b. Bonnie Bautz advised that she has initiated a project to identify ombudsman positions within 

the Federal executive agencies and contact them to inform them of COFO’s existence. She noted that 

she has already spoken with a newly created ombudsman at NOAA. Additional discussion noted that 

the GAO recently issued a report (GAO-09-650T) recommending that the Department of Agriculture 

create an ombudsman office to address civil rights related concerns. Further, in testimony to Congress, 

the new OPM Director, John Berry, made mention of the importance of ombudsman positions/functions 

3. Mike Turpenoff led a discussion to finalize the agenda for the annual COFO conference scheduled 

to be held on 24 June 2009 from 8:30 a.m. to 4:30 p.m. at the ATFE National Headquarters. The 

discussion produced the following results: 

a. The conference theme will be Federal Ombudsmen in the 21st Century. 

b. There will be a ballot for the positions of COFO Chair, Vice Chair, Secretary, and Coordinator. 

Members should submit nominations to Mike Turpenoff as soon as possible. 

c. Discussion regarding amending the COFO charter will be conducted during the Business 

meeting session of the conference. Greg Burke will furnish a previous draft of proposed charter 

revisions to Mike Turpenoff for dissemination to the membership prior to the conference. 

d. Mike Turpenoff has extended an invitation to OPM Director Berry (or his designee) to be a 

conference key note speaker. Additionally, a US Ombudsman Association executive will attend the 

conference and also be invited to speak. It was agreed that Marianne Ketels will determine if the Acting 

ATFE Director would like to make brief welcoming/opening remarks. 

e. The proposed FOIA panel will be replaced with a presentation regarding changes in the FOIA 

under the new administration. Wendy Kamenshine will ask a subject matter expert in her agency to 

make the presentation. 

MEETING MINUTES
4 

f. Marianne Ketels will moderate the Ombudsman Program Diversity panel and has identified 

COFO members with diverse roles to sit on the panel. 

g. A panel discussion on the proposed Ombudsman Act project will be conducted with members 

representing the various positions (pro, con, moderate). 

4. The members present had a lengthy discussion on the proposed Ombudsman Act project. Bonnie 

Bautz described the effort to create a survey to elicit member views on whether to proceed and, if so, 

what should be the nature/content of any resulting Act. It was agreed that the survey would be 

postponed until after the annual conference. Andrew Moss agreed that he will serve as an observer for 

the panel to capture any new issues or items that should be included in the panel. It was also agreed 

that three proposals for the Act would not be disseminated with the survey. However, by a vote of 10 to 

2, it was agreed that the three proposals would be sent out with the finalized agenda, properly 

caveating them as points for discussion, but specifically stating that they do not represent a COFO 

position explicitly or implicitly endorsing an Act. 

5. Mike Turpenoff adjourned the meeting at 3:15 p.m. 
5 

 

Annual Meeting 

June 24, 2009 

ATFE National Headquarters, 99 New York Ave, NE, Washington, DC 20226 

Coalition of Federal Ombudsmen (CoFO) Chair, Mike Turpenoff, welcomed all attendees. He was 

followed by ATFE Acting Director Kenneth E. Melson who offered opening remarks. Mr. Melson 

commented upon the importance of the ombudsman in resolving employee concerns before they became 

grievances. He cited the ATFE Ombudsman Office as a safe haven for employees to be able to talk and 

as an information channel for management, assisting the agency in being proactive in heading off issues. 

A panel comprised of Ms. Joan Beck, U.S. Ombudsman Association (USOA) representative; Ms. Joyce 

DeMoss, Ombudsman, Transportation Safety Agency (TSA), Ms. Wendy Kamenshine, Acting Deputy 

Ombudsman, Citizenship and Immigration Services Ombudsman, Department of Homeland Security 

(DHS); Mr. James Sheldon, Agency Ombudsman, National Geospatial-Intelligence Agency; and 

moderated by Ms. Marianne Kettels, ATFE Ombudsman, addressed the topic of Ombudsman 

Program Diversity. After general remarks by Ms. Beck, the discussion focused on four questions: 

 How did the individual program originate and how was it chartered to perform to perform the 

ombudsman’s duties? 

 How was the office staffed and what type of population did it service? 

 What type of inquiries did the office receive and what was its workload? 

 To whom did the office directly report, in what format and how often? Was an annual report 

prepared? 

Ms. Kamenshine introduced Mr. William Holzerland, Associate Director for Information Release, DHS, 

and Mr. John McDade, Federal Student Aid Ombudsman, U.S. Department of Education, for a 

discussion on FOIA requests to ombudsman offices. The discussion cited the Presidential 

Memorandum signed by President Obama advising agencies to release information in the absence of 

specific, compelling reasons not to. The discussion recognized the inherent tension between the FOIA 

and the ombudsman’s confidentiality commitment. Mr. Holzerland discussed a recent review by his 

office regarding a request for release of ombudsman information. He noted that arguments for 

withholding confidential ombudsman information might cite FOIA exemptions b2, internal personnel 

rules and practices; b5, common law privileges; and b6, privacy protection versus the public benefit. 

Reference was made to the FOIA exemption specified in the Alternative Dispute Resolution Act 

(ADRA). Mr. McDade provided perspective from the function of his office. 

The Honorable John Berry, Director, Office of Personnel Management (OPM), provided a key note 

address. He offered the perspective that the ombudsman gives people a “fair shake” without resorting 

to legal processes. He described his three short term and long term goals in his role as OPM Director: 

 Short term: 

 Work place balance. Convey respect to employees in recognition of their efforts. He 

noted that he disliked the term “human capital” as conveyed the sense that people were 

widgets, not persons; 

MEETING MINUTES
6 

 Streamline the Federal hiring process. Move toward the resume-based process of the 

private sector. Shorten position descriptions and capture them in plain English. Motivate 

people to come to work for the Government. As an example of a failure to motivate, he 

described a conversation with an intern who described the lack of an orientation program, 

being given a work assignment with virtually no direction, and exclusion from social 

interaction by other employees; and 

 Improve veterans hiring. Increase the number of Veterans working across the federal 

government by: 1) working with them before leaving the military to identify their “federal 

civilian dream job;” and 2) helping them to get it. 

 Long term: 

 Increase diversity within the Federal work place: Achieve increases without resorting to 

quotas. He noted as an example that Hispanics comprise 14 percent of the U.S. labor 

force, but only eight percent of the Federal work force; 

 Improve the FEHB program. He noted that there were private sector programs that 

provide better benefits and that such benefits should be available to Federal employees; 

and

 Address Title 5 pay issues. He called for a performance appraisal system that was 

simple, fair and final. He said the evaluation process needed to change the dynamic that 

being average was being successful. He noted a need to be able to remove employees 

who did not perform in a cleaner and less drawn out process. He described a process of 

setting “must do” and “nice to do” performance goals for each employee annually, then 

holding them accountable for achieving those goals. He suggested the creation of a three 

person panel to serve as the appeal process for appraisals. 

The program portion of the conference concluded with a panel discussion regarding a proposed 

Federal Ombudsman Act. The panel was facilitated by Mr. Ed Weaver, TSA Ombudsman Office, 

and was comprised of Mr. Gregory Burke, ORM’s Ombudsman, Veterans Administration; 

Mr. Howard Gadlin, Ombudsman, National Institutes of Health; Ms. Bonnie Bautz, Ombudsperson, 

U.S. Mint; and Ms. Joan Beck, USOA. The panel engaged in a spirited discussion regarding 

whether CoFO should move forward on a Federal Ombudsman Act that would require 

establishment of Ombudsman Offices in Federal agencies. Mr. Burke and Ms. Bautz voiced 

support for the Act. Mr. Gadlin articulated his views against requiring agencies to have an 

ombudsman function, but acknowledged that there may be benefits in having some legislated 

standards. Ms. Beck stated that while she personally favored having an Act, she cautioned that it 

was necessary to recognize that anything legislated at the Federal level would have ramifications 

for ombudsman functions at state and local levels of government. In responses to audience 

questions and comments, it was agreed that the outcome of a pending survey of CoFO members 

regarding moving forward on a Federal Ombudsman Act requiring the establishment of 

ombudsman functions in Federal agencies would dictate the course of future CoFO action. 

The conference concluded with the Annual CoFO Business meeting led by CoFO Chair Mike 

Turpenoff. The meeting addressed the following items: 

 Election of Officers Process. Mr. Turpenoff noted that the CoFO Charter identified four 

elected positions (Chair, Vice Chair, Secretary, and Coordinator). The election process 

requires appointment of a nominating committee and Mr. Turpenoff has appointed Ms. Sarah 

Ziegler, Ombudsman, FBI, as the committee chair; and Ms. Marianne Kettels, Ombudsman, 

BATFE; Mr. Dennis Lazzar, Ombudsman, U.S. Environmental Protection Agency; and 

Ms. Laurie Lenkel, Director, Office of the Ombudsman, U.S. Food and Drug Administration, as 

committee members. CoFO members may submit nominations to the committee by 

01 September 2009. The nominees will be presented at the CoFO meeting scheduled for 

09 September 2009. The election will take place in November 2009. Mr. Turpenoff noted that 

the CoFO charter indicates that the election will be by the Executive Committee. However, 

Mr. Turpenoff moved that the charter be suspended for this election, and that there be a vote 

by the CoFO membership. The motion was approved by those present. 
7 

 Revision of CoFO Charter. Mr. Turpenoff advised that he would initiate a poll of CoFO 

members to determine if a revision of the CoFO Charter should be undertaken. 

 Creation of an Ombudsman Job Series. Mr. Turpenoff solicited the views of those present 

regarding moving forward on creation of a Federal job series for Ombudsman. The consensus 

was that Mr. Turpenoff would solicit views of the membership and initiate a collection of current 

ombudsman position descriptions. It was agreed that no further action would be taken until the 

new Executive Committee is in place. Ms. DeMoss agreed to collect the position descriptions. 

 Assistance to OPM Director Berry. At Mr. Berry’s request, CoFO will provide information to 

Director Berry regarding issues addressed by ombudsman functions within the Federal 

government. Additionally, CoFO will offer to serve as a consultant to Mr. Berry in establishing 

an ombudsman office within OPM. Mr. Turpenoff will send a listserv message to CoFO 

membership asking that those who perform as internal ombudsman provide statistical data on 

the nature of concerns raised to them using the IOA categories. External ombudsman will be 

asked to furnish the top 10 issues raised to them. 

 Recognition: It was moved that CoFO extend official thanks to ATFE Ombudsman Marianne 

Kettels and her staff for making the conference arrangements and obtaining funding for the 

continental breakfast. 

Next CoFO meeting: 09 September 2009 - Time and location to be announced. 
8 

 

November 18, 2009 

The meeting was called to order by the incumbent CoFO chairperson, Michael Turpenoff. A list of 

meeting attendees is attached. Mr. Turpenoff welcomed those in attendance, noting that this was his 

last meeting as the CoFO chairperson. He extended thanks to the Nominations Committee for their 

efforts regarding the election of a new Executive Committee, and to the CoFO membership for their 

support to him and his accomplishments as the chair person. 

Bonnie Bautz, the chair of the Nominations Committee, advised that the results for the Executive 

Committee elections were: 

 Chairperson – Wendy Kamenshine 

 Vice Chairperson – Sarah Zeigler 

 Secretary – Jim Sheldon 

 Coordinator – Joyce DeMoss 

Mr. Turpenoff encouraged more membership participation in the future and turned the meeting over to 

Ms. Kamenshine. 

Ms. Kamenshine presented Mr. Turpenoff with a certificate of appreciation for his service to CoFO. 

Ms. Kamenshine advised that the Executive Committee would meet in the near future. She also asked 

that those in attendance brainstorm ideas for what CoFO should be doing in the future. A list of the 

ideas proposed is attached. 

Mr. Turpenoff, and other CoFO members who attended, provided comments regarding the 2009 USOA 

conference in Estes Park, CO. Mr. Turpenoff provided an overview of the first meeting of the USOA 

Federal Chapter and advised that a teleconference meeting would be held on December 8, 2009, at 

2:00 p.m. EST. Ms. Kamenshine noted that the relationship between CoFO and the USOA Federal 

Chapter would need to be discussed in the future. The CoFO members who attended the conference 

agreed that it was very well done and of value. The next conference is scheduled for October 2010 in 

Dayton, OH. USOA president Linda Lord-Jenkins noted that future conferences will attempt to avoid 

crossing over Federal fiscal years and will avoid religious holidays. 

Ms. Kamenshine asked that the agenda item to discuss the Ombudsman Act Project be tabled until the 

next meeting. 

Mr. Turpenoff provided a review of CoFO’s meeting with representatives of the Director, OPM, to 

discuss creation of an OPM ombudsman position. It was noted that Mr. Richard (Rick) Lowe, Deputy 

Chief of Staff to the OPM Director and ombudsman program POC, attended the USOA conference. 

OPM is in the process of developing a position description and charter for their ombudsman and may 

post a job announcement. Virginia Behr noted that she had discussed the OPM program with Mr. Lowe 

and offered to provide advice. It was agreed that future CoFO contact with OPM would be through the 

CoFO Executive Committee. Mr. Turpenoff is to advise Mr. Lowe of the change in the Executive 

Committee membership and request that OPM seek CoFO assistance and guidance solely through the 

new Executive Committee. 

Jim Sheldon advised that he had received only a few responses to the request for FY2009 ombudsman 

data to be compiled and provided to the OPM Director. He noted that those ombudsman offices 

serving a largely external constituency were not expected to complete the IOA spreadsheet but 

requested that they provide a listing of their five most significant case categories and associated 

numbers. The due date was extended to December 4, 2009. There were also comments offered 

MEETING MINUTES
9 

regarding the IRS Taxpayer Advocate’s survey of customers and a compilation of a list of external 

ombudsman prepared by Wendy Ginsberg for distribution to congressional offices to use in referring 

constituents. 

Laurie Lenkel provided information regarding a Federal Register request for comment on a Patents 

Office Ombudsman Pilot Program. The ensuing discussion noted that the description did not appear to 

be that of an ombudsman function, but rather an intake and case tracker. It was agreed that a CoFO 

response was appropriate and that Ms. Kamenshine would contact the designated POCs and offer 

assistance and describe the ombudsman function. 

Ms. Kamenshine noted that Ms. Jean Griffin, Associate Ombudsman at the University of Cincinnati, 

requested information on the use of feedback/evaluation tools by the ombudsman offices. 

Ms. Kamenshine advised she had provided a response and would forward the request to Linda LordJenkins, USOA President. 

A question was raised regarding the possibility of creating a list of CoFO members that distinguished 

whether they primarily served internal or external constituencies. The attendees agreed that a request 

would be sent to the members via the listserve asking them to update their information, including 

whether their focus was external or internal. 

Jim Sheldon advised that the Defense Department had generated a requirement for Defense 

components to establish Procurement Integrity Ombudsman positions to assist employees, 

management, or customers in resolving procurement integrity issues of the type cited in 42 U.S.C. 

§423. A copy of the directive letter is attached for information purposes. 

Ms. Kamenshine concluded the meeting with several “housekeeping” questions. She asked the 

membership to offer comments regarding possible changes to CoFO meeting times and locations. She 

also asked for comments regarding changing the time of the annual CoFO conference from June, as 

she would like to change it to a different month. (Comments were offered noting that the CoFO charter 

indicated that the annual conference would be held in November.) Ms. Kamenshine also requested the 

members to provide topics for the annual meeting and send them to her. 

The next meeting will be held in January 2010, time, date, and location to be announced. 

Submitted November 25, 2009. 

 //signed// 

 James E. Sheldon III 

 Secretary, CoFO 

2 Attachments 

 CoFO Future Actions Brainstorming Ideas 

 List of Meeting Attendees 
10

CoFO Future Actions Brainstorming Ideas 

The following topics or items were produced during the November 18th brainstorming session. The 

CoFO Executive Committee will review them and suggest which might be the best options for the 

organization. 

 Serve as a resource for ombudsman office start ups. Consider establishing a subcommittee as a 

response team. 

 Reach out to folks interested in career in ombudsman profession. 

 Establish an outreach for future ombudsman offices to join CoFO. 

 Consider obtaining speakers to describe how the ombudsman profession functions globally. 

 Have periodic presentations by members describing their programs. Describe challenges and 

accomplishments as a basis for discussion. 

 Establish internship possibilities. 

 Obtain recognition of CoFO as the Federal government lead for the ombudsman profession, similar 

to the Inspectors General Presidential Committee on Integrity and Efficiency (PCIE). 

 Formalize the CoFO relationship with the Inter-Agency Working Group on Alternative Dispute 

Resolution. 

 Create a Public Service Announcement informing audience of the role of ombudsmen. 

 Pursue a sponsorship for CoFO that would facilitate use of government facilities and time (possibly 

through OPM). 

 Establish working groups to address specific issues. 

 Continue Bonnie Bautz’s project to identify ombudsman offices in the Federal government. 

 Obtain non-ombudsman presentations that would be relevant to the ombudsman profession. 
11

CoFO Meeting Attendees 

November 18, 2009 

Name Organization By 

Phone

Balick, Howard *

Bautz, Bonnie U.S. Mint *

Behr, Virginia FDA

Bookstein, Monique FBI

Burke, Gregory VA *

Charlton, Mary F. DHS

Cunningham, Marceita ATFE

DeMoss, Joyce DHS-TSA *

Hoffman, Jackie DHS-TSA *

Jacobs, Althea ATFE

Johnson, David ATFE

Kamenshine, Wendy DHS CIS Ombudsman Off

Ketels, Marianne ATFE

Larkins, Marcia FDA *

Lazzar, Dennis US EPA, Seattle *

Lenkel, Lauri FDA

Lord-Jenkns, Linda USOA observer *

Magee, Matt BLM (Dept. of Interior)

Myers, Linda Dept. of Army ADR Office

Sheldon, Jim NGA

Turpenoff, Michael Dept. of Education

Zeigler, Sarah FBI
12

 

February 16, 2010 

CoFO Chairperson Wendy Kamenshine called the meeting to order at approximately 1:05 p.m. She 

advised that the order of the published agenda would be modified to accommodate the schedules of 

attendees. 

Ms. Kamenshine introduced Ms. Mindy Fleisher, a representative of the Patent and Trademark Office 

(PTO) involved in the development of a PTO ombudsman function. Ms. Kamenshine recounted the 

CoFO interest in the PTO Federal Register announcement of the ombudsman position and noted that 

Ms. Fleisher shadowed her for two days. Ms. Fleisher thanked Ms. Kamenshine for her assistance and 

the CoFO support. Ms. Fleisher noted that the ombudsman idea came about as the result of feedback 

received by the PTO Commissioner at public meetings expressing concerns regarding the processing 

of patent applications. Ms. Fleisher related that the PTO received two comments (in addition to the 

CoFO contact) which noted that the description of the PTO position was not that of an ombudsman. Of 

particular concern were the issues of confidentiality and independence. Ms. Fleisher advised that she 

would continue working with CoFO to find a way ahead for an ombudsman function. In response to a 

question from CoFO member Mike Turpenoff, Ms. Fleisher confirmed that the PTO ombudsman would 

be an external ombudsman. Mr. Turpenoff offered suggestions regarding phasing in the program and 

having a direct line to the top PTO management. 

Ms. Kamenshine introduced Ms. Barbara Malebranche, a Department of Education employee on detail 

to the Office of Personnel Management (OPM) to establish the ombudsman function in OPM’s new 

Executive Secretariat and Ombudsman Office. Ms. Malebranche advised that the ombudsman reports 

directly to the OPM Director. She described her efforts since the January 10, 2010 chartering of the 

position, including set up of a prototype Web site. She related that AON would be published for the 

Ombudsman (GS 14-15), Assistant Ombudsman (GS 11-13), and Staff Assistant (GS 6-8). Although 

not officially open, she related that their Intranet address, Ombuds@opm.gov had received 100 hits 

regarding a wide variety of issues. However, only two of the hits pertained to internal OPM issues. 

Ms. Malebranche described her “To Do” list, including meeting with the labor union leadership, EEO 

and labor relations representatives. She noted that her challenge is to make the OPM Ombudsman a 

model for the government, and implementing or developing best practices. She requested the CoFO 

membership to provide feedback to her regarding the OPM Ombudsman Web site and other matters. 

Her telephone number is (202) 606-9136 and her e-mail address is Barbara.Malebranche@opm.gov. 

Meeting attendees offered a number of suggestions and comments. 

Jim Sheldon provided a brief overview of the results of the data compilation project conducted by CoFO 

in late 2009, describing the five internal ombudsman responses under the primary IOA categories used 

to collect the data (See Attachment 2). It was agreed that the five internal respondents would be 

provided the collective results. Also discussed was the need for a standardized set of categories for 

external ombudsman responses should CoFO elect to conduct another such data collection. 

Ms. Kamenshine introduced Ms. Megan Kenney from the IRS National Taxpayer Advocate’s Office. 

Ms. Kenney provided information on the Office’s survey of Federal external ombudsman offices. She 

noted that they identified 41 offices and received survey responses from 19. The results are posted in 

the Office’s FY2009 annual report. One recommendation is for the creation of a Federal Ombudsman 

Act for external ombudsman offices. (The executive summary for the survey is at Attachment 3) . 

Ms. Kamenshine introduced Mr. Bob Manley of the Department of the Navy (DON) Alternative Dispute 

Resolution Office. Mr. Manley advised that he has been tasked with establishing a Procurement 

Integrity Ombudsman position for the DON and welcomed assistance from the CoFO. 

MEETING MINUTES
13

Ms. Diane Welborn, Vice President, USOA, informed the meeting that the annual USOA conference 

would be held October 6-8 in Dayton, OH. She advised that volunteers to work on the Planning 

Committee would be welcome to assist in planning workshops regarding Federal ombudsman issues. 

Her e-mail address is Welborn@dayton-ombudsman.org. 

Ms. Kamenshine reported that the CoFO Executive Committee had identified the following four topics 

from the previous meeting’s brainstorming session for further CoFO discussion or action: 

 CoFO as a resource for start up ombudsman offices. 

 Presentations to describe CoFO members’ roles and functions. 

 Formalize CoFO’s relationship with the Interagency Alternative Dispute Resolution Working 

Group (IADWRG). 

 Continue the project to identify ombudsman offices/functions in the Federal government. 

 Obtain presentations of relevance to CoFO from external sources. 

These topics will be discussed at the next CoFO meeting. 

Ms. Kamenshine advised that CoFO Vice Chairperson Sarah Zeigler had tendered her resignation from 

the position because of professional and family commitments. She noted that the CoFO by-laws were 

silent on a method for filling the vacancy. She asked that anyone who would be interested in filling the 

position to contact her. 

Ms. Kamenshine asked CoFO members to respond to the following: 

 Do you have a blog for your office or position? 

 Can you share the position description with CoFO? 

 Do you have a sample ombudsman position work plan or evaluation guide? 

Ms. Kamenshine asked the members to suggest ideas for the annual CoFO meeting scheduled for 

September, including possible speakers. She also asked members to advise if they were not receiving 

CoFO announcements via the ListServ or membership e-mails. 

The next CoFO meeting will be on March 10, 2010, from 1:00 – 3:00 p.m. The meeting will focus on 

ways to move ahead on the above described brainstorming ideas. 

Ms. Kamenshine closed the meeting at 2:45 p.m. 

Submitted February 23, 2010 

 James Sheldon 

 CoFO Secretary 

3 Attachments 

 1. Attendance Roster 

 2. Data Collection Summary 

 3. National Taxpayer Advocate FY 2009 Annual Report Executive Summary 

 for External Ombudsman Survey 
14

Meeting Attendees, February 16, 2010 

Name Organization By 

Phone

Balick, Howard FDA *

Behr, Virginia FDA *

Daramola, Tangita HHS *

DeMoss, Joyce DHS-TSA *

Deyo, Scott DoD IG *

Fleisher, Mindy Patent and Trademark Office *

Hinkson, Yvonne Fed'l Bureau of Prisons *

Hoffman, Jackie DHS-TSA *

Kamenshine, Wendy DHS CIS Ombudsman 

Kenny, Megan Nat'l Taxpayer Advocate

Ketels, Marianne ATF *

Larkins, Marcia FDA *

Lazzar, Dennis US EPA, Seattle *

Malebranche, Barbara OPM

Manley, Bob DoN ADR Office *

Sheldon, Jim NGA *

Turpenoff, Michael Dept. of Education *

Welborn, Diane USOA *

Attachment 1 
15

Summary of Data Collection by Primary IOA Categories 

Agency 

A

Agency 

B

Reg'l 

Office

Agency 

C

Agency 

D

Cumulative

1. Compensation & Benefits 10.2% 4.6% 0.8% 21.8% 9.0% 19.0%

2. Evaluative 

Relationships 20.4% 24.5% 41.4% 34.9% 12.8% 33.0%

3. Peer and Colleague 

Relationships 5.1% 9.3% 19.5% 2.1% 0.0% 3.2%

4. Career Progression 

and Development 20.4% 15.7% 11.7% 23.1% 35.9% 22.7%

5. Legal, Regulatory, 

Financial and 

Compliance

21.4% 4.6% 0.8% 6.4% 25.6% 7.4%

6. Safety, Health, and 

Physical Environment 

Questions

4.1% 3.7% 6.3% 0.8% 1.9% 1.3%

7. 

Services/Administrative 

Issues 

6.1% 7.4% 3.1% 3.1% 14.7% 4.0%

8. Organizational, 

Strategic, and Mission 0.0% 20.4% 10.2% 0.9% 0.0% 2.4%

9. Values, Ethics, and 

Standards 12.2% 9.7% 6.3% 7.0% 0.0% 6.9%

100% 100% 100% 100% 100% 100%

Attachment 2 
16

National Taxpayer Advocate FY2009 Annual Report Executive Summary re Survey of External 

Ombudsmen 

Taxpayer Advocate Service Survey of Federal Government External Ombudsmen 

Background 

In 2003, the Taxpayer Advocate Service published a report titled Independent Advocacy Agencies 

Within Agencies: A Survey of Federal Agency External Ombudsmen. Since then, many federal external 

ombudsmen offices have been created, either legislatively or administratively. 

In 2007, the National Taxpayer Advocate conducted another survey, covering ombudsmen from the 

previous report along with newly created or identified ones. Our current report attempts to categorize 

federal external ombudsmen within the tenets of the American Bar Association’s core ombudsmen 

principles of independence, confidentiality, and impartiality. 

Analysis 

Federal external ombudsmen exist in many structures, sizes, authorities, and scopes, with minimal 

uniformity between offices. Most federal external ombuds offices are created administratively and thus 

lack sufficient structure and protection to provide independence from the parent agency. The 

ombudsman function varies widely between agencies, with little consistency even between ombudsmen 

of the same types. Between legislatively created and agency-initiated ombudsmen, the differences in 

safeguards are even greater. 

Lacking the basic protections necessary to their function, ombudsmen can be viewed as extensions of 

the parent organizations, unfunded, and removed. 

Recommendation 

The National Taxpayer Advocate recommends that Congress enact an overarching ombudsman act, 

providing minimum standards for any federal external ombudsman. Such an act could relieve many 

concerns that arise when an ombudsman office is closely tied to a parent agency. Not only would such 

an act serve to protect ombudsmen, but it could also assure customers that the ombudsman is 

independent from the parent agency and operates without interference, thus strengthening the 

ombudsman role. 

Attachment 3 
17

 

Meeting Date: March 9, 2011 

Location: Citizenship and Immigration Services Ombudsman's Office 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS-CIS Ombudsman, 

COFO Chair

Virginia Behr*, FDA/CDER, COFO Secretary 

Noreen Kinnavy*, IBB, COFO Secretary 

Vern Hill*, FMC 

Rachel Sacks, DHS-CIS Ombudsman 

Eileen McCarthy*, DOL 

Peggy Matthews, HUD 

Bill Maurer, HUD 

Greg Burke*, VA 

Esther Herrold*, FDIC 

Barbara Malebranche*, OPM 

Francine Schlaks, IRS 

Marcia Larkins*, FDA/CVM 

Laurie Lenkel*, FDA 

Marianne Ketels*, ATF 

Neal Cohen*, CPSC 

Howard Balick* FDA/CBER 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Executive Committee -New Secretary 

2. How do you report feedback to agency leadership? 

3. How do you receive feedback about your office? 

4. Does your office have an operational manual? 

5. What happens to an ombuds office in a government shutdown? 

6. What Does The Ombuds Do At....? 

7. Interagency ADR Working Group 

8. Upcoming Conferences/Trainings 

Discussion: 

1. Executive Committee -New Secretary 

Noreen Kinnavy and Virginia Behr were introduced as the new Co-Secretaries on the COFO 

Executive Committee. 

2. How do you report feedback to agency leadership? 

COFO members discussed how they report to their leadership and others (e.g. Union). These 

include: 

 monthly or quarterly reports and/or meetings 

 provide nonconfidential data (provide number of complaints by category) to leadership 

at regular intervals 

 use IOA reporting categories 

 discuss issues with leadership as needed when ombuds sees systemic problems or 

urgent issues. 

 provide nonconfidential data to Union leadership. Recommend establish MOU. 

 give short presentation (using a consistent format) on a regular basis. See Appendix A 

for TSA methods. 

3. How do you receive feedback about your office? 

MEETING MINUTES
2 

Surveys are most common way to receive feedback from those using the ombudsman services. 

Some are anonymous, others are not. Can use an independent contractor and identifiers can be 

removed. TSA developed statements (see Appendix A) for complainants to rate their ombuds office 

and uses the results for performance metrics. 

If ombuds develop or use a survey, it is important to parse out ratings on the ombuds office 

services as well as the results/outcome. 

University ombuds offices often have a survey online. 

4. Does your office have an operational manual? 

COFO members recommended drawing from the “Unified Model for Developing an Ombudsman” 

which is on the COFO website. No COFO members in attendance have an operations manual. It’s 

important to accrue some experience before trying to create an operations manual. 

5. What happens to an ombuds office in a government shutdown? 

It’s a matter of whether or not individual agencies have “essential personnel” -- some ombuds noted 

that they are not considered as such; others were considered essential during the last shutdown. If 

government workers are furloughed, most ombuds offices could not function anyway. Many will 

await instruction from their leadership if a shutdown occurs. 

Agencies normally cannot accept voluntary services, but the ADR Act authority (5 USC 583) allows 

for it. So, in theory, ombuds offices could continue operations voluntarily. 

6. What Does The Ombuds Do At ... The Office of the DHS Citizenship and Immigration Services 

Ombudsman? 

The Office of the Citizenship and Immigration Services Ombudsman’s Office within the U.S. 

Department of Homeland Security was established by statute – the 2002 Homeland Security Act. 

The head of the ombuds office is a political appointee. Website: www.dhs.gov/cisombudsman

 

7. Interagency ADR Working Group 

Some members of the COFO Executive Committee will go to the upcoming Interagency ADR 

Working Group to share what COFO does and explore what connection might be made with the 

ADR Group. Three COFO members in attendance are also on the ADR Group. Perhaps discuss 

how ADRA is applicable to ombuds work. Also, we can offer COFO as ombuds resource to ADR 

Group. 

8. Upcoming Conferences/Trainings 

list@adrnetwork.org is good site for upcoming training. 

Decisions/Agreements Reached: none

Action Items: 

 Eileen McCarthy will send text from 5 USC 583 to the listserv 

 Wendy Kamenshine will send a copy of the CIS ombuds brochure to the listserv 

 COFO Executive Committee will meet with the Interagency ADR Working Group 

 For those interested in joining the new ombuds office resource committee or annual meeting 

planning committee, contact Wendy Kamenshine 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: March 9, 2011 / finalized: March 29, 2011 
3 

Appendix A: responses from TSA re agenda items 2 and 3 

2. How do you report feedback to agency leadership? 

At TSA, we report summary information on a quarterly basis in a 9-10 page powerpoint 

presentation that is circulated to senior leadership at HQ and in the field. The slides show volume 

received, the type of cases by volume, and a breakdown of the source (employee segment), and 

includes an analysis of volume compared to prior periods. For individual situations, if a matter 

reported to us is particularly egregious (i.e., could diminish agency reputation, or is indicative of a 

larger pattern of issues, we report to the head of the agency component, with a cc to my boss (the 

Special Counselor) who reports, as needed, to the agency Administrator (note, the Ombudsman 

doesn’t report directly to the TSA Administrator) 

3. How do you receive feedback about your office? 

Users of our service are asked to indicate their level of agreement/disagreement with 5 statements, 

using a 1 – 5 scale (1=Strongly Disagree; 5= Strongly Agree). Here are the 5 statements: 

 It was easy to make contact with an Office of the Ombudsman staff member. 

 The Ombudsman addressed the full range of issues and concerns I raised. 

 I felt satisfied with the results. 

 I am willing to use the Office of the Ombudsman again or recommend the Office to others. 

 My overall experience with the Office of the Ombudsman was favorable. 

Results for statement 5 are reported on a monthly basis as one of our performance metrics. 
4 

 

Meeting Date: April 13, 2011 

Location: Citizenship and Immigration Services Ombudsman's Office 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS-CIS Ombudsman, COFO 

Chair 

Joyce DeMoss*, TSA, COFO Membership 

Coordinator 

Virginia Behr*, FDA/CDER, COFO Secretary 

Noreen Kinnavy, IBB, COFO Secretary 

Monique Bookstein*, FBI 

Vern Hill, FMC 

Francine Schlaks*, IRS 

Gary Branham*, IRS 

David Michael*, NIH 

Barbara Malebranche*, OPM 

Salomon Chiquiar-Rabinovich*, Census 

Marcia Larkins*, FDA/CVM 

Laurie Lenkel*, FDA 

Howard Balick*, FDA/CBER 

Brian Thomson 

Bill Maurer, HUD 

Dennis Lazzar*, EPA 

Tangita Daramola*, HHS 

Shayna Plummer*, OPM 

Peggy Matthews*, HUD 

Carlton Speignt, HHS 

Edwenia Douglas, CIS Ombudsman 

Jerry Holloway*, HUD 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Highlights from IOA Conference 

3. COFO Website and update on the Document Library 

4. How do you interface with the Union as an ombuds? 

5. How do you demonstrate the effectiveness of an ombuds office, aside from using visitor surveys? 

6. What does the ombuds do at...-TSA? 

7. Update on the Interagency ADR Working Group 

8. Upcoming Conferences/Trainings 

9. Announcements/Miscellaneous 

Discussion: 

1. Introductions 

2. Highlights from IOA Annual Conference, April 1-3, 2011, Portland, Oregon 

A pre-conference workshop addressed the issue of bullying, particularly the importance of focusing 

on the problem and not the person. A good reference book on the topic is listed in the addenda to 

the minutes. Tom Kosakowski was elected as the new IOA president. He was invited to join the 

May 2011 COFO meeting. 

3. COFO Website and update on the COFO Document Library 

By May 2011, COFO should have some sample documents for ombuds offices, such as brochures, 

annual reports, position descriptions, Q & A's for establishing an ombuds office, etc., posted on the 

website. The COFO website manager at the Department of Education will add a special 

"resources" link for the materials. For the long term, COFO needs volunteers to work on the website 

design and content (www.ombudsman.ed.gov/federalombuds). Please email Wendy at 

Wendy.Kamenshine@dhs.gov, if you would like to volunteer or have any suggestions. 

MEETING MINUTES
2 

4. How do you interface with the Union as an ombuds? 

Some ombuds offices have MOUs with their respective Unions, establishing guidelines for their 

interaction as well as requirement for providing periodic statistical data on the number and nature of 

issues brought to the ombuds' attention. Unions in support of the ombuds function usually agree to 

the latter's involvement to intervene informally at any stage of a conflict, including grievances before 

they reach arbitration. However, when regulatory avenues of redress are available, such as the 

MSPB, some ombuds offices decline any involvement and/or some Unions do not welcome their 

intervention in such matters. 

 

5. How do you demonstrate the effectiveness of an ombuds office, aside from using visitor surveys? 

"Kudos" documents quote, without attribution, emails and phone calls from satisfied customers or 

others who compliment the office's handling of a matter. A special mailbox can be set up for this 

purpose. Ombuds can also solicit feedback from the offices with which they frequently interact. 

Statistical data can be maintained and distributed periodically (usually to management) to illustrate 

the number and nature of cases and issues handled. Some official reports rely on IOA uniform 

reporting categories. Some agencies establish metrics to estimate the value of an ombuds’ 

handling of cases which could have otherwise evolved into formal legal processes. Metrics used to 

quantify such cases (i.e., sexual harassment, removal, etc.) rely on average legal costs incurred 

when similar cases have been brought to litigation. 

6. What Does The Ombuds Do At TSA? 

TSA has an organizational ombudsman office with four full-time staff members who handle internal 

workplace matters (and occasionally provide support for outside complaints). The office reports to 

the Office of the Special Counselor, which in turn reports to the Assistant Secretary of TSA. It 

serves 60,000 employees at 460 airports in the U.S. and its territories. 

7. Update on the Interagency ADR Working Group 

COFO Executive Committee members Wendy Kamenshine, Joyce DeMoss and Scott Deyo made 

a presentation at the March meeting of the Interagency ADR Working Group. They shared what 

COFO does and explored possible areas of cooperation between the two groups. The Interagency 

ADR Working Group will feature a link to the COFO website and will place any announcements for 

COFO events on the ADR list serve. The Working Group is reviewing other possible ideas and 

Wendy plans to share an update on this in the coming months. 

8. Upcoming Conferences/Trainings 

No upcoming conferences/trainings were announced. 

9. Announcements/Miscellaneous 

DOD and FDA/CDER annual reports published. 

FDIC is seeking a regional ombudsman to be based in Kansas City. 

Decisions/Agreements Reached: none

Action Items: 

 Send any helpful links/documents, with sensitive information redacted, to Joyce DeMoss for 

COFO library 

 Looking for volunteers to oversee content and technology/layout of the COFO website 

Minutes preparer: Virginia L. Behr/ Noreen Kinnavy 

Date finalized: April 26, 2011
3 

 

Meeting Date: May 11, 2011 

Location: Teleconference only 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS-CIS Ombudsman, COFO 

Chair 

Virginia Behr, FDA/CDER, COFO Secretary 

Noreen Kinnavy, IBB, COFO Secretary 

Vern Hill, FMC 

Peggy Matthews, HUD 

Bill Maurer, HUD 

Greg Burke, VA

Esther Herold, FDIC 

Barbara Malebranche, OPM 

Marcia Larkins, FDA/CVM 

Laurie Lenkel, FDA 

Howard Balick FDA/CBER 

Rich Schmalzer, FDIC, Chicago Office 

Eric Hebron, FDA, CPR 

Salomon Chiquiar-Rabinovich, Census 

Joyce DeMoss, TSA 

Agenda/Topics at a Glance: 

1. Do you keep an ombuds library as an in-person or online resource for your constituents? What 

does it include? 

2. How does your office interface with the General Counsel? 

3. What Does The Ombuds Do At... the FDIC Ombuds Office? 

4. Interagency ADR Working Group – an update 

5. COFO Annual Conference – an update 

6. Suggestions for USOA’s 2011 Conference, Federal Panel 

7. Upcoming Conferences/Trainings 

Discussion: 

1. Do you keep an ombuds library as an in-person or online resource for your constituents? What 

does it include? 

Several COFO members echoed that having an easily accessible resource library is a great idea. 

Not many have one. Ideas included a resource-rich intranet site, with links to SOPs, books and 

journal articles on relevant topics (e.g. mediation, conflict, dealing with different personalities and 

types of intelligence). 

2. How does your office interface with the General Counsel (GC)? 

Participants shared information on effective interaction with GC and the proper role of an 

ombudsman when the latter receives information from a complainant indicating possible agency 

liability. 

COFO members offered that if the allegations are criminal, the ombuds should encourage the 

complainant to report the situation to the Inspector General. If not, the ombuds should discuss the 

complaint with GC and find out the agency position. If obtained, the ombuds can convey the 

agency position and discuss next steps (i.e., complainant’s options) with the complainant. 

The ombudsman should discontinue involvement as soon as a case goes to litigation. It is the 

ombudsman’s role to work toward a resolution of the matter until it reaches court. 

The 2010 annual COFO conference included a session on interfacing with GC. 

MEETING MINUTES
2 

3. What Does The Ombuds Do At... The FDIC Ombuds Office? 

Esther Herold, FDIC, reviewed the ombuds program at the FDIC which was established in 1994. 

Website: http://www.fdic.gov/regulations/resources/ombudsman/index.html 

The FDIC Ombuds office serves as a liaison between regulators, bankers, and public/consumers. 

The Office reports to the Deputy of the Chairman. FDIC has one internal ombuds and several 

external ombudsmen (6 offices and 4 satellites). All ombuds enter case information into central 

system (Access database). 

 

4. Interagency ADR Working Group – an update 

Gave update on affiliation with the ADR Working Group. Followed up with ADR Working Group 

Chair Howard Gadlin; the ADR Working Group agreed to link to COFO website and will advertise 

COFO events on the ADR listserv. 

5. COFO Annual Conference – an update 

Upcoming conference committee meeting May 18, 2011; the committee is still accepting volunteers. 

If you would like to volunteer and/or have topic ideas for breakout sessions, panels, or keynote 

send an email to Wendy at Wendy.Kamenshine@dhs.gov 

6. Suggestions for USOA’s 2011 Conference, Federal Panel 

There is usually a large presence of federal ombudsmen at the annual USOA meeting and 

conference planners would like at least one session geared towards federal ombudsmen. Topic 

idea: ADRA and how it affects our practices. Send suggestions to Laurie Lenkel at 

Laurie.Lenkel@fda.hhs.gov 

7. Upcoming Conferences/Trainings 

IOA posted some for this summer – see www.ombudsmanassociation.org 

Decisions/Agreements Reached: none

Action Items: 

 Send topic ideas for annual COFO conference to Wendy Kamenshine at 

Wendy.Kamenshine@dhs.gov 

 Send topic ideas targeting federal ombudsmen for the USOA annual conference to Laurie 

Lenkel at laurie.lenkel@fda.hhs.gov 

 Discuss ombuds labels (e.g. organizational, classical, media, advocacy) during future COFO 

monthly meeting 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: May 12, 2011 / finalized: May 20, 2011 
3 

 

Meeting Date: June 8, 2011 

Location: Citizenship and Immigration Services Ombudsman's Office 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS-CIS Ombudsman, COFO 

Chair 

Joyce DeMoss*, TSA, COFO Membership 

Coordinator 

Virginia Behr*, FDA/CDER, COFO Secretary 

Monique Bookstein*, FBI 

Vern Hill*, FMC 

Francine Schlaks*, IRS 

Scott Deyo*, NGA 

Linda Shewack*, FSA 

Neal Cohen*, CPSC 

David Michael*, NIH 

Lisa Witzler*, NIH 

Barbara Malebranche*, OPM, Standing Up New 

Ombuds Office Subcommittee Chair

Marianne Ketels*, ATF 

Marcia Larkins*, FDA/CVM 

Esther Herold*, FDIC 

Shayna Plummer*, OPM 

Richard Schmalzer, FDIC Chicago 

Manny Ovalle 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Report from the COFO Committee re Establishing an Ombuds Office 

3. Information on Registration for the USOA Annual Conference 

4. Suggestion to Establish an External Ombuds Caucus 

5. Discussion Topic: What Are Different Ways to Evaluate the Work of An Ombuds? 

6. What Does The Ombuds Do At....? 

7. Annual Conference Update

8. Ombuds Jobs/Upcoming Conferences/Trainings 

9. Added Agenda Item -- Federal Interagency Dispute Resolution Working Group 

Discussion: 

1. Introductions 

2. Report from the COFO Committee re Establishing an Ombuds Office 

“Standing Up New Ombuds Office” is subcommittee name. The subcommittee started an advisory 

checklist/document to assist with establishing a new office. Recruited Joyce DeMoss to crosspollinate with effort updating COFO website to include useful documents. When appropriate, 

Wendy Kamenshine will refer new ombudsmen to the subcommittee for consultation. 

3. Information on Registration for the USOA Annual Conference 

Registration is now open and the registration form is attached to the end of these minutes. 

4. Suggestion to Establish an External Ombuds Caucus 

Tangita Daramola, HHS, suggested creating an external ombuds caucus. Thoughts were that an 

externally-focused ombuds subgroup could be of value, but COFO might not have enough people 

to create a robust caucus. One suggestion is to set aside time during every few monthly COFO 

MEETING MINUTES
2 

meetings to discuss externally focused topics. Another suggestion was to create a breakout 

session during the COFO annual meeting. 

 

5. What Are Different Ways to Evaluate the Work of An Ombuds? 

One challenge for an ombuds office is how to create a system that accurately measures the 

performance of the office, including both individual and office-level success? How can an office 

measure quantity and quality? How does an individual ombuds get evaluated in a performance plan? 

Challenges include: 

 Quantity of cases does not necessarily reflect the quality of work. 

 An outcomes-based rating is problematic because the outcome isn’t within ombuds control 

(and shouldn’t be). 

In some way, an ombuds can try to measure and assess how the ombuds office has had a positive 

impact on its Agency and how its work contributes to the core mission of Agency. One agency uses 

job standards and behavioral standards to evaluate. For example, is the person a role model, 

accomplished in his practice, etc. Another avenue is through weekly case review to obtain feedback 

in a collegial process. Harvard Law School runs the The Program on Negotiation at Harvard Law 

School (http://www.pon.harvard.edu/) where students collect lots of data on a specific ombuds 

program for evaluation. Free service. 

6. What Does The Ombuds Do At The Consumer Product Safety Commission (CPSC)? 

Neal Cohen presented as the sole ombuds in the Office of Education, Global Outreach, and Small 

Business. www.cpsc.gov He is an externally-focused ombuds. CPSC has 500 employees 

nationwide and regulates product defects and hazards for consumer products (except food, drugs, 

firearms, etc.). 2008 Consumer Product Safety Improvement Act tightened requirements for 

children’s products and created more need for educating businesses about compliance, so CPSC 

established a small business ombuds and educational group. They reach out to 

manufacturers/stakeholders (often small businesses) regarding their responsibilities. They have 

FAQs on website, attend trade shows, conduct webinars, and publish plain English guides. The 

ombuds does not interact much with consumers because he focuses on the business community. 

Will address compliance issues if applicable to several businesses. 

7. Annual Conference Update 

November 16, 2011. Planning committee had first planning meeting in May. Location will be ATF 

once again because FDIC was booked. COFO members should email a committee member or 

Wendy Kamenshine with panel ideas or keynote speakers. Keynote speaker must not charge a fee. 

We are also looking for creative ideas for the conference, so please send those along. The 

Committee will inquire as to whether IOA credits can be obtained for attending the conference. 

8. Ombuds Jobs/Upcoming Conferences/Trainings 

Job openings: Senior Mediator at Department of the Interior; Dept of Agriculture, Food Safety 

Program ombuds – open to federal only 

9. Added Agenda Item -- Federal Interagency Dispute Resolution Working Group agreed to have a 

liaison between COFO and IADRWG, but details need to be worked out (e.g. confidentiality issues). 

Decisions/Agreements Reached: none

Action Items: 

 Wendy Kamenshine will refer new ombuds to the subcommittee for consultation 

Minutes preparer: Virginia L. Behr/ Noreen Kinnavy 

Date finalized: June 15, 2011 
3 

United States Ombudsman Association 

2011 Annual Conference 

REGISTRATION FORM 

Name 

Title Organization 

Address 

City State/Province Postal Code 

Country Email 

Phone ( ) Fax ( ) 

Special Accommodations (Dietary or other) 

FULL CONFERENCE REGISTRATION (October 26 - October 28):

The Conference Registration Fee includes the Tuesday evening Reception, Wednesday and Thursday breakfast, lunch 

and breaks, the Thursday evening Banquet, Friday breakfast and break, and all conference materials. 

BY AFTER 

9/24/11 9/24/11 

United States Ombudsman Association Member Fee $425.00 $475.00 $ 

Non-member Fee $500.00 $550.00 $ 

SINGLE DAY CONFERENCE REGISTRATION: 

The Single Day Conference Registration Fee includes breakfast, lunch and breaks on the selected day (breakfast and 

morning break only on Friday), and conference materials for the selected day’s sessions. The Single Day Conference 

Registration Fee does not include the Tuesday evening Reception or Thursday evening Banquet. 

BY AFTER 

9/24/11 9/24/11 

Wednesday, October 26 or Thursday, October 27: 

United States Ombudsman Association Member Fee $200.00 $250.00 $ 

Non-member Fee $225.00 $275.00 $ 

Select day: Wednesday, October 6 Thursday, October 7 

Friday, October 28: 

United States Ombudsman Association Member Fee $100.00 $125.00 $ 

Non-member Fee $125.00 $150.00 $ 
4 

PRE-CONFERENCE REGISTRATION: 

PRE-CONFERENCE #1 (October 24 - 25): 

The Pre-Conference Registration Fee includes breakfast, lunch and breaks, and course materials. 

New Ombudsman Training (2 day course, October 24-25) A Certificate of Completion will be given to 

participants who complete the course. 

United States Ombudsman Association Member Fee $325.00 $ 

Non-member Fee $375.00 $ 

PRE-CONFERENCE #2 (October 24 - 25): 

The Pre-Conference Registration Fee includes breakfast, lunch and breaks, and course materials. 

Sharpening Your Teeth (2 day course, October 24-25) 

Through a grant from the International Ombudsman Institute (IOI), the registration 

fee for the Sharpening Your Teeth (SYT) workshop will be waived for 2 persons from 

an institutional member office of the IOI North American Region, and 1 person from 

an associate member office of the IOI North American Region. If you are registering 

for this workshop and are eligible for the waiver of the registration fee, please check 

the box below: 

I am from a North American Region IOI member office and will be attending SYT 

Registration Fee for all other attendees $375.00 $ 

GUEST TICKETS:

Reception # of Tickets x $25.00 $ 

Banquet # of Tickets x $60.00 $ 

TOTAL = $ 

PAYMENT: Please make your check payable to "USOA" and mail it with this registration form to: 

United States Ombudsman Association, 5619 NW 86th Street, Suite 600, Johnston, IA 50131-2955

For credit card payments, mail this form to the address listed above or fax the form to: 866-411-2192 

or 

515-327-5050.

MasterCard VISA Credit Card # Expiration Date 

Cardholder Name _______________________________________________ CVV2 (3 digit security 

number) _______________________________________________________ 

Cardholder Address 
5 

 

Meeting Date: July 13, 2011 

Location: Citizenship and Immigration Services Ombudsman's Office 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS-CIS Ombudsman, COFO 

Chair 

Noreen Kinnavy, IBB, COFO Secretary 

Virginia Behr*, FDA/CDER, COFO Secretary 

Barbara Malebranche*, OPM, Standing Up New 

Ombuds Office Subcommittee Chair

Tom Kosakowski*, IOA President 

Liz Phillips*, FDA/HHS 

Vern Hill*, FMC 

Francine Schlaks*, IRS 

Scott Deyo*, NGA 

Neal Cohen*, CPSC 

Esther Herold*, FDIC 

Shayna Plummer*, OPM 

Kathleen Jackson 

Salomon Chiquiar-Rabinovich*, Census Bureau 

Patrick Naehu 

Laurie Lenkel, FDA 

Sara Alsaleh, FDA 

Sarah Styslinger, FDA 

Sheryl Brown-Norman, DNI 

Brian Block, DOI 

Shireen Dodson, State Department 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Tom Kosakowski, IOA President re. Vision for IOA 

3. What Does the Ombudsman Do at...? 

4. The President’s Executive Order on Improving Customer Service – Impact on Ombuds? 

5. Who to Report to in an Agency? 

6. COFO Website – Membership List 

7. Annual Conference – An Update 

8. Announcements on Events/Upcoming Conferences/Ombuds Jobs (Item updated)

Discussion: 

1. Introductions 

2. Tom Kosakowski, IOA President re. Vision for IOA 

IOA President Tom Kosakowski discussed vision and plans for the association. After providing 

history of the volunteer group’s founding, Kosakowski highlighted challenges for the profession 

and IOA in light of current economic climate. IOA’s outreach and education efforts will focus 

on: establishing more inclusive parameters for full membership; meeting with decision makers 

to explain the value and variety of ombudsman offices; and addressing membership growth at 

the international level. 

COFO Chair Wendy Kamenshine will introduce Kosakowski to contacts in USOA. 

3. What Does the Ombudsman Do at the State Department (DOS)? 

Over a year ago, Shireen Dodson became the first full-time organizational ombudsman for civil 

service employees at the State Department (DOS) (www.state.gov). Prior to her appointment, 

the legislatively mandated position was usually occupied by an official with collateral duties. 

MEETING MINUTES
2 

Among other assistance, Dodson provides guidance on a wide range of workplace issues: 

referring visitors to appropriate offices; working as a conflict coach to assist employees in resolving 

workplace challenges and problems; and utilizing shared neutrals and mediation as appropriate. 

 

Dodson follows the IOA Code of Conduct and Standards of Practice. She reports to the 

Secretary of State, makes recommendations to address systemic workplace issues, and 

maintains general statistics, sharing them with management as appropriate. 

The following link to State Magazine provides additional background: 

http://digitaledition.state.gov/publication/?i=62139&p=33. Addendum A is an informational 

sheet for DOS employees. 

4. Report from the Standing Up An Ombuds Committee 

Barbara Malebranche, Chair of the COFO Standing Up New Ombuds Office Subcommittee, 

provided an update. The group would like assistance from fellow members in compiling 

documents useful for an ombuds office, for example, charters or authorizing documents, MOUs 

with unions, position descriptions, performance elements and standards, among others. 

Please email helpful documents to Barbara.Malebranche@opm.gov, deleting any identifying 

information not to be shared publicly on the COFO website. 

5. The President’s Executive Order on Improving Customer Service – Impact on Ombuds? 

Two Executive Orders—an E. O. of 1993 and another of April 2011—address agency 

requirements in serving the public and reporting results. Members discussed how the orders 

applied to their role as ombudsman. 

6. Who to Report to in an Agency? 

IOA and USOA recommend that ombudsmen report to the highest level person possible in the 

organization. 

Federal ombudsmen often report to the most senior agency official, regardless of whether the 

latter occupy career or political appointee positions. In some instances, the official reporting 

relationship is different than the active reporting relationship. In one case, an ombudsman 

reports to the IG rather than the office of the agency director. Overall, participants expressed a 

positive correlation between high-level reporting relationships and responsiveness to issues 

raised as well as effectiveness of the ombudsman role in general. 

7. COFO Website – Membership List 

COFO’s officer and membership list is outdated (http://ombudsman.ed.gov/federalombuds). 

Members should send their updated information to Wendy Kamenshine 

(Wendy.Kamenshine@dhs.gov) and specify “opt in” for posting on the public website. 

8. Annual Conference – An Update 

COFO’s annual conference will be held at ATF on November 16. Potential keynote speakers 

have been invited. Members should email Wendy Kamenshine 

(Wendy.Kamenshine@dhs.gov) with topic and panel suggestions as well as their preference for 

a full or half-day event. COFO will recognize ombudsmen retiring this year. 

9. Announcements on Events/Upcoming Conferences/Ombuds Jobs 

Events: 

Brian Block (DOI) and Sarah Kith (Red Cross) announced reestablishment of the monthly 

DC Ombuds Discussion Group to begin in September. The events may feature guest 

speakers from the ombudsman profession, with follow-up Q&A sessions. 
3 

Conferences: 

 

USOA (http://www.usombudsman.org/) will hold annual conference in late October. The 

USOA Planning Committee is in search of volunteers/candidates to participate in panel on 

role of traditional ombudsman. Email or contact Laurie Lenkel 

(Laurie.Lenkel@fda.hhs.gov) or Robin Matsunaga 

(Robin.Matsunaga@ombudsman.hawaii.gov).

Job openings: 

Department of Education has detail opportunities for Operations Officer and Ombudsman. 

Interested candidates should email DOE Chief of Staff. 

 Announcements: 

Wendy Kamenshine will be on detail to the Consumer Financial Protection Bureau and 

remains available through current email address at DHS. 

Next COFO meeting will be in September. 

Decisions/Agreements Reached: none

Action Items: 

 Wendy Kamenshine to introduce Kosakowski to contacts at USOA 

 Email Barbara Malebranche with documents useful for ombuds offices 

 Members to send updated contact information for the COFO website (“opt in”) 

 Members to send COFO conference ideas 

 Members to volunteer or propose candidates for USOA panel on traditional ombudsman 

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 

Date finalized: August 9, 2011 
4 

 Addendum A 

Office of Origin: S/OCR

Announcement Number: 2010_09_130

Date of Announcement: September 24, 2010

The Role of the Ombudsman 

As the newly appointed Department of State Civil Service Ombudsman, I want to take 

this opportunity to share an overview of the role. “Ombudsman” is a Swedish term 

dating back to the 1800’s. It means a person who has an “ear” to the people. It is used 

world-wide designating a senior official who is dedicated to making a complex 

bureaucracy more efficient, fair, and reasonable. These are worthy goals in any 

country or culture. The Department of State is a complex and far flung organization 

with over 20,000 employees spread over 200 countries, 178 Embassies, 86 Consulates 

and 9 Missions. We state routinely that people are our most important asset, however 

there are times for nearly all of us when we need assistance or relief to solve difficulties 

in our work lives. When these problems defy easy categorization as potential HR 

complaints, Union Grievances, EEO issues, or IG/matters, that is precisely when you 

should call on the Ombudsman.

The Ombudsman will advise the Secretary and senior management on non-union, 

systemic issues affecting our workforce. The Ombuds experience and observation may 

result in policy recommendations, while feedback may uncover unintended, previously 

overlooked negative consequences as a result of procedures and practice. The 

Ombudsman may address a variety of issues— obtain information regarding agency 

policy, delete red tape, uncover evidence of prohibited personnel practices and 

workplace safety issues. Through all of this, the goal is to facilitate and support a fair, 

equitable, and nondiscriminatory workplace that ensures the essential well-being of the 

workforce especially in matters where problems are likely to be overlooked.

The Department of State’s workforce has several major components – FS, CS, FSN’s, 

Political appointees and our Contractor community. And accordingly there are already 

resources for problem solving, especially for the Foreign Service. The Ombudsman is 

clearly not intended to duplicate EEO, the DG apparatus, IG, or Unions. The role is 

specifically intended to expand and enhance problem solving resources for the Civil 

Service. It is understood that the Ombudsman will work collaboratively with the 

aforementioned entities. One of the most critical roles is to assist employees in finding 

the appropriate outlet for solving a problem of which the employee may be unaware.

The Ombudsman MUST be independent, confidential, impartial, and neutral. Here 

are the roles:

 Listener. Oftentimes it is helpful for an employee to merely use the 

Ombudsman as a sounding board to help clarify the issues, disentangle 

complicated situations, and prioritize concerns. 

 Information resource. The Ombudsman is available as an information 
5 

resource, providing access to applicable guidelines and policies, or facilitating 

communication with other services or appropriate administrative units. 

 Provider of options. The Ombudsman may suggest a range of feasible options 

and help employees evaluate the pros and cons of the matter in question. 

 Role-player. The Ombudsman is available to discuss potential situations and 

“role-play” methods, approaches, and strategies for a pending meeting, as 

well as suggest constructive approaches to handle difficult situations. 

 Informal intervener. With permission of the employee, the Ombudsman can 

act as an intermediary to clarify issues and initiate problem-solving solutions, 

including facilitating a mediation session. 

 Trend recorder. The ombudsman will periodically report to management on 

problem areas and trends within the organization so that such issues can be 

addressed through policies and procedures. 

Although I am initially physically located in the Office of Civil Rights, the co-location 

has no carry-over to EEO or any connection with filing an EEO complaint or initiating 

a formal grievance. Ombudsman contact does not delay the deadlines applicable to the 

EEO or any other grievance process. 

I look forward to serving the employees of the Department of State in my new role. I 

want to provide a dependable, risk-free option marked by confidentiality and reason. I 

am located in HST, Room 7428 and may be reached on 202-647-9387. Please do not 

hesitate to give me a call.

Shireen Dodson
6 

 

Meeting Date: September 14, 2011 

Location: Citizenship and Immigration Services Ombudsman's Office 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS-CIS Ombudsman, COFO 

Chair, on Detail to Consumer Financial Protection 

Bureau (CFPB) 

Peggy Matthews, HUD 

Deborah Grant, HUD 

Noreen Kinnavy, IBB, COFO Secretary 

Matt McGee, Bureau of Land Management, Interior 

Vern Hill, FMC 

Virginia Behr*, FDA/CDER, COFO Secretary 

Sheryl Brown-Norman*, ODNI 

Barbara Malebranche*, OPM 

Francine Schlaks, IRS 

Salomon Chiquiar-Rabinovich*, Census Bureau 

Mike Powers*, Federal Housing Finance Agency

Brian Bloch*, Interior 

Jerry Holloway*, HUD 

Marcia Larkins*, FDA/CVM 

Laurie Lenkel*, FDA 

Neal Cohen*, CPSC 

Kathleen Jackson*, 

Marianne Ketels*, ATF 

Esther Herold*, FDIC 

Joanne* Dea, EPA 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Annual Conference – an update 

3. COFO Elections 

4. Discussion Topic -- As an internal ombuds, how do you address issues around reasonable 

accommodations? 

5. What Does The Ombuds Do At....the International Broadcasting Bureau? 

6. United States Ombudsman’s Association’s (USOA) Federal Section 

7. Discussion Topic -- Ombuds and technology – where is it beneficial and where may it conflict with 

ombuds principles? 

8. Interagency ADR Working Group – COFO’s involvement, an update

9. Ombuds Jobs/Upcoming Conferences/Trainings 

Discussion: 

1. Introductions 

2. Annual Conference -- Reviewed plans for annual COFO meeting on November 16, 2011. Will set 

out COFO membership sign-up sheet at the meeting. [Note – Please sign-up for the conference 

with Carla Miller at the ATF Ombuds at Carla.Miller@atf.gov. You will need to provide your name, 

agency, and phone number.] 

3. COFO Elections 

Executive Committee is comprised of: 

Wendy Kamenshine, Chair 

Scott Deyo, Vice-Chair 

Noreen Kinnavy, Co-Secretary 

Virginia Behr, Co-Secretary 

Joyce DeMoss, Membership Coordinator 

MEETING MINUTES
2 

The term for officers is two years and all Officer slots are up for election this year, with the 

exception of the Co-Secretaries. The current Co-Secretaries will review the COFO bylaws and 

possible ways to capture votes. They will announce nomination and election plans in the coming 

weeks. 

4. As an internal ombuds, how do you address issues around reasonable accommodations? 

More specifically, where is authority for addressing reasonable accommodation issues? Other 

ombuds advised that one should find out which group within the organization processes reasonable 

accommodation requests (e.g. HR, EEO). Reasonable accommodation requests are covered by 

EEO regulations, so if an ombuds receives a complaint, refer the complainant to the appropriate 

office in the organization (usually the one that handles EEO cases). In some agencies, reasonable 

accommodation requests are referred directly to EEO and in others they are first processed by HR, 

EAP or other offices, with appeals subsequently brought to EEO. 

5. What Does The Ombuds Do At ... The International Broadcasting Bureau? 

Noreen Kinnavy is the ombudsman at the International Broadcasting Bureau, which is overseen by 

the Broadcasting Board of Governors. They are in charge of all U.S., nonmilitary international 

broadcasters, the largest of which is Voice of America. 

The internal ombuds program covers 2,000 employees, but not contractors. The majority of 

contacts with the ombuds come from headquarters, with in-person visits to her office (fortunately, in 

a fairly private location). 

Noreen’s office started up about 8 months ago, after a 5-6 year lapse. The IBB Labor-Management 

Forum, which was established through E.O. 13522, proposed the ombuds pilot project. 

The ombuds office has an Intranet site and will consider an Internet site if office is fomalized. To 

learn more about IBB: http://www.bbg.gov. 

 

6. United States Ombudsman’s Association’s Federal Section 

USOA’s Federal Chapter was established about two years ago. Laurie Lenkel is currently chairing 

the chapter because former Co-Chairs have retired or are soon-to-be. The next meeting will be 

held on October 26, 2011 at 3:45 if any members of COFO want to phone in. The Federal Chapter 

will need new officers (who must be USOA members), so if you want to nominate or self-nominate, 

please email Laurie at Laurie.Lenkel@fda.hhs.gov 

7. Ombuds and technology – where is it beneficial and where may it conflict with ombuds principles? 

Social media 

Social media (Facebook, Twitter, blogging) is being used by some ombuds. Particularly useful for 

external ombuds who want to be proactive in educating consumers and/or stakeholders. 

There may be an expectation to post often using social media, so it does require a certain level of 

human resources. 

Database searches and FOIA requests 

Technology exists that can search all agency files for information in order to respond to FOIA 

requests. Of concern to ombuds office because they need to maintain a case database but don’t 

want to unknowingly disclose confidential information, thus violating ombuds principles. Some 

ombuds offices keep their databases separate from agency network. It may be a challenge to 

receive financial support to establish separate system for ombuds office. 

8. Interagency ADR Working Group (IADRWG) – COFO’s involvement, an update 

IADRWG agreed to post a link to the COFO website and also allow a COFO representative to the 

IADRWG as a liaison, if that person is otherwise qualified to be a member of the IADRWG. Greg 

Burke and Vern Hill are already members. Scott Deyo volunteered to be our COFO representative. 

COFO would like to have a back-up participant; if interested, contact Wendy Kamenshine. 
3 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

 Can search on www.usajobs.gov and request automatic email notification of any new 

ombudsman postings.

 USOA conference in Jacksonville, FL October 26-28

 IOA training coming up in Baltimore, MD, October 24-26. Annual conference, April in 

Houston. 

 Good resources: 

o Ombuds blog http://ombuds-blog.blogspot.com 

o Also, active listserv managed by Maria Volpe 

http://www.jjay.cuny.edu/departments/sociology/faculty.php?key=[email]=%27mvol

pe@jjay.cuny.edu%27 

o Deborah Laufer, Federal ADR Network (Deborah.Laufer@erols.com)

o List of links to ADR resources: http://www.lawmemo.com/arb/res/adr.htm

Decisions/Agreements Reached: none

Action Items: 

 At annual conference, will place sign-up sheet for adding to COFO membership list and will 

subsequently post on COFO site. 

 The current Co-Secretaries will review the COFO bylaws and possible ways to capture votes. 

They will announce nomination and election plans in the coming weeks for the Chair, ViceChair, and Coordinator slots. 

 Nominations for USOA’s Federal Chapter officers should be sent to Laurie.Lenkel@fda.hhs.gov 

 Volunteers to serve as members of the IADRWG should contact 

Wendy.Kamenshine@cfpb.gov 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: September 19, 2011 / finalized: September 21, 2011 
4 

 

Meeting Date: October 12, 2011 

Location: Citizenship and Immigration Services Ombudsman's Office 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS/CFPB, COFO Chair 

Noreen Kinnavy, IBB, COFO Secretary 

Barbara Malebranche*, OPM, Standing Up New 

Ombuds Office Subcommittee Chair

Mindy Bickel, USPTO 

Matt Magee, BLM 

Scott Deyo*, NGA 

Marcia Larkins*, FDA 

Guy Webber*, TSA 

Shireen Dodson*, State 

Carla Miller*, ATF 

Greg Burke*, VA 

Bill Maurer*, HUD 

Shana Plummer*, OPM 

Sarah Vanderwicken*, DOL 

Neal Cohen*, CPSC 

Esther Herold*, FDIC 

Monique Bookstein*, FBI 

Sean Banks*, Shell Oil 

Mary Arch*, DOL 

Elizabeth Small*, DOL 

Laurie Lenkel*, FDA 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. New IOA Course – Sean Banks on “Intermediate Workshop: A Step by Step Approach to Working 

with Visitors and Respondents” coming up in Baltimore, Oct 24-25

3. Annual Conference, November 16 – just one month away! An update.... 

4. COFO Elections – the latest 

5. Report on Interagency ADR Working Group from our liaison, Scott Deyo 

6. What Does the Ombudsman Do at the Bureau of Land Management, Department of the Interior? 

7. Discussion Topic: Attorney-client privilege, doctor-patient privilege, ombuds privilege? What to do 

without one? 

8. Discussion Topic: How do you deal with visitors who express suicidal thoughts? 

9. Ombuds Jobs/Upcoming Conferences/Trainings

Discussion: 

1. Introductions 

2. New IOA Course – Sean Banks on “Intermediate Workshop: A Step by Step Approach to Working 

with Visitors and Respondents” in Baltimore, Oct 24-25

Sean Banks highlighted a newly designed 2-1/2 day Intermediate Ombudsman class offered by the 

IOA in Baltimore, October 24-26. This is a completely updated and revamped intermediate class. 

The program will address the latest developments in the ombudsman profession, explore new skills 

and techniques, and present in-depth case studies, among other topics. IOA will honor the “early 

bird” enrollment fee, which is approximately $200-300 less than the normal cost for future offerings. 

Interested members should email Sean Banks to reserve a space (sean.banks@shell.com). A full 

description of the class is available in Addendum A. 

3. Annual Conference, November 16 – just one month away! An update.... 

The headquarters of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will host the 

conference, and the agenda and invitations will be finalized and published by next week. John 

MEETING MINUTES
2 

Palguta, Vice-President of the Partnership for Public Service, will be the keynote speaker. 

Sessions will include: the Harvard Law School Clinic evaluation of the NIH Ombuds Office and its 

potential application to other federal ombudsman offices; concurrent presentations addressing 

issues affecting external and internal ombudsmen respectively; and a panel on the present and 

future of the profession, among others. Please inform Wendy of any pending retirements from the 

federal ombudsman community, because they will receive special recognition. 

To attend the conference or to request special accommodations (including sign language 

translators), please RSVP with your agency and contact information to ATF’s Carla Miller 

(Carla.Miller@atf.gov) and copy Wendy at (Wendy.Kamenshine@dhs.gov). You are encouraged to 

invite anyone with an interest in the ombudsman profession. 

The IOA will review agenda sessions and determine whether any certification credits can be 

granted. 

4. COFO Elections – the latest 

Elections will be held in the next couple of months for all COFO officers: Chair, Vice Chair, 

Membership Coordinator, and Secretary. In accordance with the by-laws, Wendy will appoint a 

committee of between 3-5 members to serve on the nominating committee. Please email her if you 

are interested in serving on the committee (Wendy.Kamenshine@dhs.gov). 

5. Report on Interagency ADR Working Group from our liaison, Scott Deyo 

Scott Deyo provided an update on the Interagency ADR Working Group. They are currently 

organizing an event (title and date TBD) with the Administrative Conference of the United States 

(www.acus.gov), which supports a public-private partnership to support effective government. 

Participants will include ADR specialists, including attorneys and senior government officials. 

Among topics for discussion are: the use of ADR processes in support of troops returning from war 

zones; medical mediation opportunities; collaborative processes in dispute resolution. The ADR 

Act will be discussed along with its shortcomings for practicing ombudsman and means to address 

them, whether through modification or adoption of new operating procedures. 

Scott also mentioned upcoming ADR conferences sponsored by the ABA 

(http://www.americanbar.org/groups/dispute_resolution.html).

Greg Burke may draft a survey for COFO members to evaluate their experiences with ADR and 

ways it could be improved. 

6. What Does the Ombudsman Do at the Bureau of Land Management of the Department of the 

Interior? 

The Bureau of Land Management (BLM) administers over 270 million acres of land throughout the 

United States designated for multiple uses. Matt Magee is the lead BLM Dispute Resolution 

Manager, with an ombudsman component recently added to his duties 

(http://www.blm.gov/wo/st/en/prog/more/adr.html). Matt is drafting a charter and statement of 

principles to address this new role. He also works in close collaboration with fellow ADR 

practitioners at the agency’s regional offices. As a whole, they facilitate resolution of primarily 

external complaints. Barbara Malebranche, Chair of the COFO Standing Up an Ombuds 

Committee, offered guidance in the establishment of the BLM ombudsman program. 

7. Discussion Topic: Attorney-client privilege, doctor-patient privilege, ombuds privilege? What to do 

without one? 

There is no federal ombudsman privilege. The IOA asserts a privilege in its standards and has 

been working with state legislatures proposing it be incorporated into state law. 

Organizations often institute various safeguards to protect ombudsman confidentiality, e.g., 

charters, operating policies, statements of understanding, etc. Ombudsmen have a duty to resist 

providing documentation or testifying in formal proceedings. FOIA exemptions can sometimes be 

used to prevent release of certain information. 
3 

Chuck Howard, author of the ABA’s book on organizational ombudsmen, devoted a section on case 

law involving ombudsman privilege. 

On a separate but related issue, even with legal protections established in the ADR Act, courts 

balance any perceived need for disclosure and can compel testimony in dispute resolution 

proceedings. 

8. Discussion Topic: How do you deal with visitors who express suicidal thoughts? 

The consensus was that visitors expressing suicidal thoughts should be referred to the Employee 

Assistance Program or other avenues offering psychological services. For externally facing ombuds, 

they may want to consider what options are available. Legal liability should be considered; threats 

should be taken seriously and the individual referred for appropriate assistance, if at all possible. 

 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

Ombuds Jobs: No recent announcements of ombudsman jobs 

Conferences: USOA (http://www.usombudsman.org/) in Jacksonville, Florida 

Trainings: IOA Training in Baltimore, Maryland (http://www.ombudsassociation.org/events/ioaoctober-2011-professional-development-opportunity) 

Decisions/Agreements Reached: none

Action Items: 

 

 RSVP for COFO Annual Conference and include all contact information 

 Wendy Kamenshine will nominate committee for upcoming officer elections (email her if 

interested in participating) 

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 

Date finalized: October 21, 2011 
4 

Addendum A: 

IOA Intermediate Class, Baltimore, Maryland 

"THE SCIENCE OF ORGANIZATIONAL OMBUDSMAN PRACTICE: A STEP BY STEP 

APPROACH TO WORKING WITH 

 VISITOR AND RESPONDENTS" (2 1⁄2 day course)

Monday, October 24, 2011 - Tuesday, October 25, 2011

08:30 am - 5:30 pm 

Wednesday, October 26, 2011

08:30 am - 12:30 pm 

Instructors: 

Sean A. Banks, Director & Company Ombuds, Shell Oil Company-Ombuds Services 

Donna Louden, Associate Director, The University of Colorado At Boulder 

Dr. Belinda K. Newman, University Ombuds, University of North Texas 

Where Ombudsman 101 provides an in-depth overview of Organizational Ombudsman practice, this 

course, (formerly known as the Intermediate Course) will focus on identifying and exploring theoretical 

knowledge and practical skills necessary to perform the role the Intermediate Workshop series will 

focus on gaining theoretical knowledge and practical skills necessary to perform the role of an 

Organizational Ombudsman in adherence to IOA Standards of Practice and Code of Ethics. This first 

installment of the series will explore proven theories and techniques for working effectively with 

visitors and respondents. Future installments will address: 1) working effectively with other issue 

management offices within organizations and 2) providing upward feedback to facilitate organizational 

change. 

In a step by step approach, this highly interactive two and a half day course will cover: 

 Techniques and considerations for establishing appropriate rapport 

 Facilitating visitor/respondent understanding and expectations of the Ombudsman Role 

 Theoretical concepts that support the goals and objectives of Ombudsman interactions and 

interventions when working with visitors/respondents. 

 Practical skill development through the use of case study discussion 

 Important considerations for special circumstances, such as working multi-party or long 

distance cases 

 Identifying and working with valuable organizational resources 
5 

 

Meeting Date: December 14, 2011 

Location: Citizenship and Immigration Services Ombudsman's Office 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS/CFPB, COFO Chair 

Vern Hill, FMC 

Peggy Gleason DHS CISOMB 

Noreen Kinnavy*, IBB, COFO Secretary 

Barbara Malebranche*, OPM, Standing Up New 

Ombuds Office Subcommittee Chair

Brian Bloch*, DOI 

Gerald Papica*, Tennessee, and USOA Vice 

President 

Joanne Dea*, FDIC 

Yolanda Swift*, SBA

Mindy Bickel*, USPTO 

Sheryl Brown-Norman*, ODNI 

Francine Schlaks, IRS 

Carla Miller*, ATF 

Esther Herold*, FDIC 

Virginia Behr*, FDA/CDER, COFO Secretary 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. COFO Elections – an update 

3. Annual Conference – your feedback and ideas for next year! 

4. What Does the Ombudsman Do at the Internal Revenue Service (IRS)? 

5. Discussion Topic – Outreach materials for internal and external ombuds 

6. Expanding on the Partnership for Public Service Survey -- what things are implemented to achieve 

success on employee engagement/morale, etc. in agencies? 

7. Discussion Topic – How to Close an Inquiry When the Inquirer Doesn’t Want to 

8. Ombuds Jobs/Upcoming Conferences/Trainings 

9. Calendar of Meetings for FY2012, First Quarter 

Discussion: 

1. Introductions 

2. COFO Elections – an update 

All members of the Executive Committee are up for election. There are five people on the 

nominations committee which is chaired by Esther Herold. We hope to complete the elections 

process by February 2012. 

3. Annual Conference – your feedback and ideas for next year! Members shared ideas and feedback. 

 Overall, very positive feedback. 

 Would be nice to have additional breaks in order to network. 

 Expanded discussion on what defines a Record? 

 Consider shortening the day and having topic of greatest interest at the end. 

 Cost (free) and location (local) add to attrition at the end of the day. 

 Any additional ideas for topics or format can be emailed to Wendy Kamenshine. 

4. What Does the Ombudsman Do at the Internal Revenue Service (IRS)? 

MEETING MINUTES
2 

Francine Schlaks gave an overview of the IRS Ombudsman’s Office. They have an Internal Ombuds 

program which includes two ombudsmen. Of note, the office has been testing a pilot program with the 

IRS’ Criminal Investigation unit for the past three months. They chose that unit because it has 5000 

non-Union people who are mostly high level employees, GS-13 through 15 and SES. The pilot has 

been successful so far, as measured by the 30-35% return rate on their feedback survey. A high 

percentage of complaints coming to the ombuds office are centered around career progression and 

location transfers. Francine gave some tips on how to mediate well via telephone, as this is her 

preferred mode of communication. You can contact Francine at francine.d.schlaks@irs.gov 

5. Discussion Topic – Outreach materials for internal and external ombuds 

Shared experiences with publishing outreach materials, e.g. newsletters. Publishing is a good way to 

address systemic issues and raise awareness of the existence of ombudsman’s office and role. 

Ombudsman Offices can consider publishing their own newsletter or be a contributor to an 

organization-wide newsletter. Outreach ideas should be added to the document repository that the 

COFO Standing Up an Ombuds Office subcommittee is working on. 

6. Expanding on the Partnership for Public Service Survey -- what things are implemented to achieve 

success on employee engagement/morale, etc. in agencies? 

John Palguta, the keynote speaker for the 2011 COFO annual meeting, shared with a COFO member 

about ways to make improvements for both internally and externally focused ombuds. Idea was put 

forth to have a series of discussions about success stories either during COFO monthly meetings or as 

a stand-alone series. 

7. Discussion Topic – How to Close an Inquiry When the Inquirer Doesn’t Want to 

The consensus was that the ombuds should close out an inquiry/complaint in writing (whether an email to 

the individual or a note for the internal files, as appropriate), sum up the actions taken and suggestions 

made, then politely but firmly state that the matter is considered closed for the ombuds office. If the case 

is received in an ombuds office staffed by more than one person, the inquirer will sometimes end up 

contacting several ombudsmen colleagues. So, how does an office keep track and have consistent 

actions? Internal communication is key to avoiding this sort of problem, e.g. daily or weekly meetings. An 

additional line of discussion ensued regarding how to respond to discriminatory remarks, profanity, etc. 

Many ombuds thought one should give caller time to emote but then focus the conversation into a more 

productive route. Personal attacks are not acceptable and might be cause to terminate the call. 

Tolerance for bad language and so on varies by individual ombuds, so just be clear to the caller what that 

level is. The suggestion was made to give the caller a chance to correct their behavior or give them the 

option to contact the ombuds again when they are ready to have a productive conversation. 

8. Ombuds Jobs/Upcoming Conferences/Trainings 

No updates. 

9. Calendar of Meetings for FY2012, First Quarter. Will schedule meetings for the first quarter, 2nd

Wednesday of each month from 1-2:30pm. Will consider sending invitations using Outlook Calendar. 

10. Additional announcement: IADWRG (at www.adr.gov) ready to link COFO website. 

Decisions/Agreements Reached: none

Action Items: 

 

 Any ideas for next year’s annual conference should be emailed to Wendy Kamenshine at 

Wendy.Kamenshine@dhs.gov 

 Outreach ideas should be added to the document repository that the COFO Standing Up an 

Ombuds Office subcommittee is working on. 

 Pursue “success stories” presentation series. 

 1st quarter 2012 COFO meetings will be scheduled by Wendy Kamenshine. 

Minutes preparer: Noreen Kinnavy/ Virginia L. Behr 

Date drafted/finalized: December 28, 2011/ December 29, 2011
3 

 

Meeting Date: January 11, 2012 

Location: Citizenship and Immigration Services Ombudsman's Office 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS/CFPB, COFO Chair 

Noreen Kinnavy, IBB, COFO Secretary 

Virginia Behr*, FDA, COFO Secretary 

Barbara Malebranche*, OPM, Standing Up New 

Ombuds Office Subcommittee Chair

Mindy Bickel, USPTO 

Scott Deyo*, NGA, COFO Vice Chair 

Guy Weber, TSA 

Craig Cabrera, TSA 

Shireen Dodson*, State 

Bill Maurer*, HUD 

Shana Plummer*, OPM 

Laurie Lenkel*, FDA 

Francine Schlaks*, IRS 

Heather Milner*, CFPB 

Mike Powers*, FHFA 

Sheryl Brown-Norman*, ODNI 

Tom Zrubek*, DODIG 

Allyson Coyne*, Federal Reserve 

Liz Phillips*, FDA 

Angela Smith*,FAA 

Vern Hill*, FMC 

Avril Sisk*, HUD 

Marcia Larkins*, FDA 

Patrick Naehu 

Janet Fremuth, DOE 

Megan Kenney, CFPB 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. COFO Elections – an update 

3. What Does the Ombudsman Do at...the ODNI? 

4. USOA – Federal Chapter Chair; Conference ideas for federal ombuds 

5. Discussion Topic – What efforts have you undertaken to grow an existing ombuds program? 

6. COFO Website Membership List – an update 

7. Discussion Topic – What is the balance between independence and being part of the agency? 

8. Discussion Topic – How do people reach out to the ombuds during business hours?

9. Ombuds Jobs/Upcoming Conferences/Trainings

Discussion: 

1. Introductions 

2. COFO Elections – an update 

COFO bylaws establish that elections for officers be held every two years. A five-member 

committee was appointed and has contacted the full membership by email to explain the 

election process and to request nominations by January 20, 2012. Self-nominations are also 

accepted. By February 1 the committee plans to announce the nominees and further election 

details. Committee members are: Neal Cohen (Ncohen@cpsc.gov), Craig Cabrera 

(Craig.Cabrera@tsa.dhs.gov), Esther Herold (eherold@fdic.gov), Vern Hill (vhill@fmc.gov), and 

Carla Miller (Carla.miller@atf.gov).

 

3. What Does the Ombudsman Do at...the Office of the Director of National Intelligence (ODNI)? 

Sheryl Brown-Norman discussed the ombuds program at the ODNI which 

facilitates effective coordination among the intelligence community agencies. For this initial pilot 

project period, Sheryl Brown-Norman is establishing an organizational ombudsman office as a 

solo practitioner for ODNI. Sheryl has undertaken an outreach campaign and is using agency 

announcements, staff meetings, public presentations, etc., to explain the unique role of an 

ombudsman. (http://www.dni.gov/) 

MEETING MINUTES
2 

4. USOA – Federal Chapter Chair; Conference ideas for federal ombuds 

The United States Ombudsman Association (USOA), composed primarily of public sector 

external ombudsmen, is looking for a new chair or co-chairs for its Federal Chapter. USOA 

provides some funding to its chapters for special activities, such as hosting speakers or other 

relevant events. Anyone serving USOA in this capacity is also an ex-officio member of the 

USOA Board, participating in its monthly meetings and providing input for annual conferences. 

Membership is required ($150 annual fee). Please contact FDA’s Laurie Lenkel if you are 

interested (Laurie.Lenkel@fda.hhs.gov or at 301-796-8530). 

USOA is seeking volunteers and topic ideas of interest to federal ombuds for the upcoming 

conference to be held in Spokane, Washington. For volunteers, please contact Laurie Lenkel; 

for topic suggestions, please email Wendy.Kamenshine@hq.dhs.gov or 

Kristie.Hirschman@legis.iowa.gov. 

5. Discussion Topic – What efforts have you undertaken to grow an existing ombuds program? 

Among the opportunities to improve outreach and expand the public’s awareness of the 

services of external ombudsman programs, suggestions included: maintaining a strong website 

presence; engagement at meetings and teleconferences with relevant professional 

associations; and a specialized call center for efficient vetting of public inquiries (whether to an 

ombudsman office or elsewhere). Blogging and social media offer additional means to identify 

areas of concern or to engage directly with an ombudsman office. Before attempting any 

significant expansion, sufficient personnel and other resources need to be considered so that 

existing customer service is adequately maintained. If you have additional recommendations, 

please contact Mindy.Bickel@uspto.gov. 

6. COFO Website Membership List – an update 

The COFO website, hosted by the Department of Education, is being updated. A list of contact 

information will be circulated to members through the COFO listserv. Please confirm the 

accuracy of your office information as well as what portions of your contact information you 

would like available through the public website. Once completed, the COFO and ADR websites 

will post links to each other’s websites. 

7. Discussion Topic – What is the balance between independence and being part of the agency? 

The issue addressed was an ombudsman’s independence and its implications in interacting 

with the public on behalf of the employing agency. Organizational ombudsmen – given their 

focus on internal workplace issues – generally do not deal directly with outside parties or 

officially represent the agency on any issues beyond their particular role as ombudsmen. 

External ombudsmen, particularly those established by statute, frequently have requirements 

for public reporting and accountability on behalf of their agency, i.e., testimony before 

Congress, publications, and responses to press inquiries, as appropriate. The differing 

standards relate to the particular function of each ombudsman office and/or as defined in 

charters or statutes. 

8. Discussion Topic – How do people reach out to the ombuds during business hours? 

The principal means of contact with an ombudsman office vary widely, from email inquiries to 

phone calls to personal visits. Blogs and special websites (such as IdeaFactory) can also be 

utilized to identify issues of importance. Offices that have a disperse clientele frequently rely on 

phone and email communication to ensure availability across time zones. 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

Ombuds Jobs: No recent announcements of ombudsman jobs 

Conferences: IOA (http://www.ombudsassociation.org) to hold annual conference April 13-18 

in Houston, Texas 

 
3 

Trainings: An ADR Master’s candidate from Pepperdine University would like to participate in a 

two-week long “externship” in completion of her thesis. Please contact Wendy Kamenshine if 

you are interested in hosting the student. It is an ideal opportunity to introduce the federal 

ombudsman profession. 

Decisions/Agreements Reached: none

Action Items: 

 

 Contact Laurie Lenkel if interested in chairing or co-chairing the USOA Federal Chapter or if 

you would like to volunteer to participate in the planning of the next USOA annual conference 

(Laurie.Lenkel@fda.hhs.gov or at 301-796-8530) 

 Contact Mindy Bickel if you have additional recommendations on outreach strategies 

(Mindy.Bickel@uspto.gov) 

 Contact Wendy Kamenshine or Kristie Hirschman if you have topic suggestions for the next 

USOA annual conference (Wendy.Kamenshine@hq.dhs.gov

or Kristie.Hirschman@legis.iowa.gov).

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 

Date finalized: February 3, 2012 
4 

 

Meeting Date: February 15, 2012 

Location: Citizenship and Immigration Services Ombudsman's Office 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS/CFPB, COFO Chair 

Wade Boswell, DOE 

Mindy Bickel, USPTO 

Noreen Kinnavy, IBB, COFO Secretary 

Marie Schell 

Virginia Behr*, FDA, COFO Secretary 

Barbara Malebranche*, OPM, Standing Up New 

Ombuds Office Subcommittee Chair

Yolanda Swift*, SBA 

Esther Herold*, FDIC 

Gordon Talbot*, FDIC 

Sarah Stanton*, US Air Force 

Karen Leichtnam*, DC Courts 

Bradley Johnson*, IRS 

Jackie Hoffman*, TSA 

Kathleen Jackson* 

Neal Cohen*, CPSC 

Chauncette Morey*, FBI 

Peggy Matthews*, USHUD-OIG 

David Michael*, NIH 

McKenna Lang*, NIH intern 

Andrea Brown*, CPB 

Heather Milner*, CFPB 

Sharon Asar*, TSA/CFPB 

Turna Lewis*, St. Elizabeth’s Department of Mental 

Health 

Barbara Omohundro* 

Scott Deyo*, NGA, COFO Vice Chair 

Shireen Dodson*, State Department 

Sheryl Brown-Norman*, ODNI 

Tom Zrubek*, DOD-IG

Liz Phillips*, FDA 

Patrick Naehu* 

Marcia Larkins*, FDA 

Megan Kenney*, IRS/CFPB 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Discussion Topic – What are the key items to include in an ombuds PD? We’ve had a few inquiries 

recently on this topic, so let’s discuss! 

3. What Does The Ombuds Do At.... the Small Business Administration? 

4. COFO Elections – An Update from Committee Chair, Esther Herold 

5. Discussion Topic – How do you regularly keep up with agency developments? What are your best 

practices? 

6. Standing Up an Ombuds Office Committee – Update from Committee Chair, Barbara Malebranche 

7. Discussion Topic – Where is the best location for an ombuds office? What are the pros/cons to 

different locations? 

8. COFO membership list 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

Discussion: 

1. Introductions 

2. Discussion Topic – What are the key items to include in an ombuds position description (PD)? 

We’ve had a few inquiries recently on this topic, so let’s discuss! 

Most are GS-15s, a few are SES (however, the latter can be transferred out). Very few are political 

appointees. The grade level and PD should ensure the independence of the office. A question was 

raised about the potential development of standard qualifications for an ombuds series in the 

federal government. Prior to Wendy’s tenure, COFO looked into it and decided not to pursue due to 

the widely varied functions of federal ombuds. 

 

3. What Does the Ombudsman Do at...the Small Business Administration (SBA)? 

MEETING MINUTES
2 

Yolanda Swift, SBA Deputy Ombudsman, discussed the ombuds program at the SBA, which was 

established by statute in 1996. The program troubleshoots between federal agencies and small 

businesses. They address burdensome regulations, fines, and reporting requirements. See 

Attachment 1 (Regulatory Fairness for Small Business). They actively pursue outreach around the 

US to inform and educate small businesses and federal agencies. The SBA ombuds must report to 

Congress in which they identify problematic regulations and report on federal agencies interaction 

with SBA. The Regulatory Fairness Board is comprised of small business owners (3-4 year tenure) 

who educate, conduct hearings, and report comments. 

4. COFO Elections – An Update from Committee Chair, Esther Herold 

Thank you to the Elections Committee for its work on the elections. Esther noted that today is the 

last day of the voting. Esther will announce election results by the end of the week. Email your 

votes to Esther at eherold@fdic.gov by COB today. 

5. Discussion Topic – How do you regularly keep up with agency developments? What are your best 

practices? 

 Attend senior level staff meetings or get notes from those meetings. Read daily clips if 

available from your agency. 

 Attend selected training sessions, especially if “hot topic.” 

 Send out periodic emails to targeted individuals about what ombuds is working on in order 

to encourage information sharing and reciprocity. The ombuds can write a short brief to a 

senior manager(s) if working on particularly significant case. 

 If agency has a management advisory group, ombuds can provide relevant 

feedback/recommendations. 

6. Standing Up an Ombuds Office Committee – Update from Committee Chair, Barbara Malebranche 

The committee met earlier this week. The committee is working on a question-based document that 

will help guide someone establishing an ombudsman office; it is organized by categories of internal 

and external ombudsmen. In addition, a checklist of documents a new ombuds might need will be 

posted. Once the committee documents are fully drafted, they will be sent to the COFO listserv for 

comments. The committee is also working on a repository of document types (held by one person). 

For those who send documents intended for sharing, make sure to redact documents for repository 

as appropriate; perhaps check with your agency counsel. 

7. Discussion Topic – Where is the best location for an ombuds office? What are the pros/cons to 

different locations? 

Physical location: near leadership, near EEO/HR, secluded? It probably depends on situation and 

leadership. An ombuds needs to be seen but also have a private area. For internal: definitely need 

some “safe haven” space so people feel comfortable and see the ombuds as independent from 

management. For external: generally good to be near high-level staff. Want to be seen as high level 

and professional, but also want privacy. 

8. COFO membership list 

We are in the process of updating membership list on COFO website. We are waiting for COFO 

election results to identify a Membership Coordinator to assume the responsibility. 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

Ombuds Jobs posted: FDIC internal ombuds announcement 

Conferences: 

IOA (http://www.ombudsassociation.org) to hold annual conference April 13-18 in Houston, Texas 

 

Trainings: Discussion about local and/or free training opportunities 

 IOA trainings held in Baltimore, MD and Arlington, VA 

 Interagency Alternative Dispute Resolution Group, Upcoming ADR Seminars 

http://www.adr.gov
3 

 Northern Virginia Mediation Service. http://nvms.us has evening events and a certification 

program. One of the certification programs is Federal Workplace Mediation. 

 George Mason certification program 

 Georgetown program 

 Association for Conflict Resolution – DC chapter. Lunch ADR program. 

 HHS Shared Neutrals program. Monthly free seminars. 

 DC Ombuds discussion group, not just federal. Brian Block took over as organizer. 

Decisions/Agreements Reached: none

Action Items: 

Email your COFO Executive Committee votes to Esther at eherold@fdic.gov by COB February 15, 

2012. 

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 

Date drafted: February 21, 2012 

Date finalized: March 5, 2012 
4 

Attachment 1 

 
5 

 

Meeting Date: March 14, 2012 

Location: Citizenship and Immigration Services Ombudsman's Office 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS/CFPB, COFO Chair 

Scott Deyo*, NGA, COFO Vice Chair 

Noreen Kinnavy, IBB, COFO Secretary 

Virginia Behr*, FDA, COFO Secretary 

Barbara Malebranche*, OPM, Standing Up New 

Ombuds Office Subcommittee Chair

Mindy Bickel, USPTO 

Guy Weber, TSA 

Craig Cabrera, TSA 

Shireen Dodson*, State 

Laurie Lenkel*, FDA 

Mike Powers*, FHFA 

Sheryl Brown-Norman*, ODNI 

Megan Kenney*, IRS/CFPB 

Janet Freimuth*, DOE 

Rita Franklin, DOE 

Sharon Asar, TSA/CFPB 

Donna Vogt, DHS NPPD 

Elizabeth Buten, DOL

Monique Bookstein*, FBI 

Jackie Hoffman*,TSA 

Yolanda Swift, SBA 

Sarah Stanton*, Air Force 

Neal Cohen*, CPSC 

Peggy Matthews*, HUD 

Marcia Larkins*, FDA 

Yvonne Hinkson*, Federal Bureau of Prisons 

Turna Lewis*, Department of Mental Health, St. 

Elizabeth’s 

Barbara Omohundro* 

Richard Smalzer*, FDIC 

Brad Johnson*, IRS 

Monica Thomas*, TSA 

LaShawn Stone*, TSA 

Heather Milner*, CFPB 

Esther Herold*, FDIC 

Gordon Talbot*, FDIC 

Charla Lambertsen, PBGC 

Brian Bloch, DOI 

David Clark 

Stephanie Fast, DHS

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. New Officers 

3. Membership List and Listserv 

4. Discussion Topic – Visitors/Customers who don’t want to deal with the person they are assigned to 

– what to do? 

5. Internships – Volunteer to coordinate a list? 

6. COFO Annual Conference – Co-chairs Scott Deyo and Craig Cabrera 

7. What Does The Ombuds Do At...the Federal Bureau of Prisons? 

8. Reflective Practice, Internal/External Ombuds – brief discussion re doing this during our monthly 

meeting, as a working group, and/or for the conference 

9. Discussion Topic – Closed Cases – when is a case a new item in your statistical tracking of inquiries? 

10. USOA Call for Speakers 

11. Standing Up an Ombuds Committee Report 

12. Discussion Topic – Benefits/challenges of teleworking as an ombuds; what happens when your 

visitors/customers are teleworking? 

13. Ombuds Jobs/Upcoming Conferences/Announcements 

Discussion: 

1. Introductions 

2. New Officers. COFO Chair Wendy Kamenshine announced results of COFO elections and introduced 

a new team to serve two-year terms: Chair, Wendy Kamenshine; Co-Chair, Scott Deyo; CoSecretaries, Virginia Behr and Noreen Kinnavy; and Co-Coordinators, Neal Cohen and Craig Cabrera. 

 

MEETING MINUTES
2 

3. Membership List and Listserv 

To unsubscribe to the Listserv, please email Neal Cohen (ncohen@cpsc.gov) and Craig Cabrera 

(Craig.Cabrera@tsa.dhs.gov). Update: To send a message to the listserv, please send it to the list 

and it will first be reviewed by Wendy before it is released and distributed to the list. This will avoid 

receipt of emails that are not intended for everyone. For the COFO website, please verify your contact 

information in a shared Google document you should have received by email; otherwise, please send 

your information directly to the Co-Coordinators. Only include information that can be made public. 

 

4. Visitors/Customers who don’t want to deal with the person they are assigned to – what to do? 

For offices that have multiple ombudsmen, policies vary in terms of customers’ access to an 

alternate ombuds. Some offices have an established policy to not entertain such requests, 

although they will address whatever concerns prompted the request for an alternate. Offices that 

readily allow for use of an alternate ombuds indicated that visitors might hear the same message 

from an alternate but might be more likely to be satisfied. A good outcome might also occur if the 

request for an alternate ombuds is granted because the complainant will be more comfortable 

articulating their complaint fully and will talk more openly. Frequently, the reasons cited in 

requesting a different ombudsman are a determining factor for whether or not the request for an 

alternate ombuds is granted. 

 

5. Internships – Volunteer to coordinate a list? 

COFO is seeking a volunteer to compile a list of ombuds offices with an interest in hosting students 

for internships and externships. Also, any offices interested in hosting a student should contact 

Virginia Behr (Virginia.Behr@fda.hhs.gov) or Wendy Kamenshine (Wendy.Kamenshine@cfpb.gov) 

and specify whether the internship would include financial compensation. The list of participating 

ombudsman offices will be circulated to universities with conflict resolution and ADR graduate 

programs and will be promoted through other venues, such as the Ombuds Blog. 

6. COFO Annual Conference – Co-chairs Scott Deyo and Craig Cabrera 

Scott Deyo and Craig Cabrera will co-chair the planning committee for the 2012 COFO annual 

conference to be held in November; a specific date is not yet determined. They requested 

suggestions for speakers and topics as well as ideas for the overall framework for this year’s 

conference (Scott.M.Deyo@nga.mil and Craig.Cabrera@tsa.dhs.gov). 

7. What Does The Ombuds Do At...the Federal Bureau of Prisons? 

Yvonne Hinkson is the fourth ombudsman at the Federal Bureau of Prisons and reports to the Director 

of the Bureau. Eighty percent of the staff of 35,000 are union members, located at over 120 facilities 

throughout the country. The Bureau does not have an MOU with the union. Yvonne ensures close 

coordination on issues that fall within the purview of the unions, contacting the local representatives 

and seeking their concurrence before becoming involved. Although an internal ombudsman, she 

frequently refers inquiries from the public to the appropriate Bureau contacts for assistance. 

8. Reflective Practice, Internal/External Ombuds – brief discussion re doing this during our monthly 

meeting, as a working group, and/or for the conference 

Tom Zrubek and Barbara Malebranche are working on a proposal to present case studies—both 

internal and external—at COFO monthly meetings. There are some concerns about how to 

structure discussions to protect confidentiality. Send any suggestions for case studies to Tom and 

Barbara (Barbara.Malebranche@opm.gov).

9. Discussion Topic – Closed Cases – when is a case a new item in your statistical tracking of 

inquiries? 

Some offices count total cases, while others count total visitors even when the latter present more 

than one case. Once a case is closed, it can be counted as a separate incident following an 

established lapse of time, i.e., six months to one year. In an effort to represent statistics as 

accurately as possible, multiple cases from a single individual can be broken down into primary, 
3 

secondary, tertiary categories, as necessary. When using IOA uniform reporting categories, the 

total count is one case per person, although the data capture the total number of issues. 

10. USOA Call for Speakers 

USOA would like suggestions for speakers and topics for the next annual conference. Please email 

Kristie Hirschman (Kristie.Hirschman@legis.iowa.gov). 

11. Standing Up an Ombuds Committee Report 

The Standing Up an Ombuds Committee compiled two comprehensive lists for new ombuds offices: 

the first asks questions for both external and internal ombuds as well as questions unique to each; 

the second highlights documents and forms that could be of use in the establishment of a new 

ombuds office, i.e., charters, mission statements, position descriptions, operating principles, etc. 

The draft lists will be shared with the COFO Listserv for comments and suggestions and 

subsequently posted on the COFO website. 

12. Discussion Topic – Benefits/challenges of teleworking as an ombuds; what happens when your 

visitors/customers are teleworking? 

The trend toward teleworking overall is positive, with benefits of an interruption-free workplace, 

flexible hours to accommodate customers, and immediate availability. Many ombudsman conduct 

work by phone and email regardless, so customers are unaware of their location. When a sizeable 

portion of workforce exclusively teleworks or is based elsewhere, modern communications 

technology—such as Webex, Webcam and Skype—can also be useful. Northern Virginia 

Mediation Services offers a seminar about using technology in ADR processes. 

The issue of shared space at the office, as part of teleworking arrangements, presents a concern in 

terms of protecting confidentiality. An ombudsman should have a workspace dedicated solely for 

their use. 

13. Ombuds Jobs/Upcoming Conferences/Announcements 

Ombuds Jobs: Department of Energy to fill three ombudsman positions; Department of Labor also 

seeking to fill positions. 

Conferences: IOA (http://www.ombudsassociation.org) to hold annual conference April 15-18 in 

Houston, Texas 

Announcement: Informal COFO gathering after April 11 meeting, with final details to be available 

through the Listserv 

Decisions/Agreements Reached: none

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 

Date finalized: April 25, 2012 
4 

 

Meeting Date: April 11, 2012 

Location: Teleconference 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS/CFPB, COFO Chair 

Scott Deyo, NGA, COFO Vice Chair 

Virginia Behr, FDA, COFO Secretary 

Neal Cohen, CPSC, COFO Coordinator 

Barbara Malebranche, OPM, Standing Up New 

Ombuds Office Subcommittee Chair

Mindy Bickel, USPTO 

Bill Maurer, HUD 

Heather Milner, CFPB 

Sheryl Brown-Norman, ODNI 

Tom Zrubek, DODIG 

Marcia Larkins, FDA 

Patrick Naehu 

Megan Kenney, CFPB 

Frederick Whittington, Bureau of Printing and 

Engraving 

Stephanie Fast, DHS 

Yolanda Swift, SBA 

Karen Leichtnam, DC Courts 

Henry Lescault, ATF 

Sherry Lard-Whiteford, FDA 

Peggy Matthews, HUD 

William Beardslee, DOL 

Elizabeth Buten, DOL 

Sharon Asar, TSA/CFPB 

Sarah Stanton, Air Force 

Dale Vergott, DIA 

Bryan Bloch, DOI 

Jackie Hoffman, TSA 

Greg Burke, VA 

Agenda/Topics at a Glance: 

1. Introductions 

2. Annual Conference -- Update from Craig Cabrera and Scott Deyo 

3. Discussion Topic: One exception to confidentiality is imminent risk of serious harm -- if you see that, 

what is your action plan? 

4. Membership List -- Update from Craig Cabrera and Neal Cohen 

5. What Does The Ombuds Do At...? Scott Deyo will share about the NGA Ombudsman's Office 

6. Standing Up an Ombuds Office Committee -- Update from Barbara Malebranche 

7. Internship Opportunities 

8. Discussion Topic: You're a one-person shop and are taking a vacation -- what happens to the office? 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

Discussion: 

1. Introductions 

2. Annual Conference -- Update from Craig Cabrera and Scott Deyo 

They are in the planning stage for the 2012 annual conference; they are soliciting ideas for topics 

and speakers (including keynote) and working on logistics (location, format, timing, etc.) They are 

considering all possible sites as a venue, and requested the membership to provide suggestions. 

We will need one large conference room (for 100+ people) as well as breakout rooms (two or 

more). Early November is the most likely in terms of dates. If anyone has an idea for an alternate 

site, please contact Craig and Scott (Craig.Cabrera@tsa.dhs.gov and Scott.M.Deyo@nga.mil, 

respectively). Ideally, the site would be close to metro and must incur no cost to COFO. 

3. Discussion Topic: One exception to confidentiality is imminent risk of serious harm -- if you see that, 

what is your action plan? 

Most importantly, it is a good idea to have an action plan for this sort of situation and always 

assume that the threats are valid. The plan should include any other individuals or groups, as 

appropriate, including but not limited to: physical Security staff on-site, the Employee Assistance 

MEETING MINUTES
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Program (EAP), and Federal Protective Services. One member shared an experience where an 

external complainant clearly might do harm to a federal employee. The ombuds first contacted the 

employee who might be in danger and then contacted Security. Another member shared 

experiences with employee threats of suicide and threats of harm to other employees. They have a 

written plan of action that includes contacting internal Security physically going to the office of a 

threatened employee. As needed, they would utilize the EAP and Federal Protective Services. 

Recommend that ombuds have a plan of action and contact information for key staff. There are 

related legal cases that ombuds should be familiar with; those will be shared with the membership 

at a later date. Ombuds should consider their professional responsibility and potential liability 

issues. Tarasoff v. Regents of the University of California was suggested as an example of a case 

that ombuds may want to review in terms of potential liability issues. 

4. Membership List -- Update from Craig Cabrera and Neal Cohen 

Email ncohen@cpsc.gov if you are not on the email list (membership listserv), want to be removed, 

or have updated information. The listserv rules were changed so that no one can Reply to All. 

Emails to the listserv must be pre-approved. If you wish to send a message to everyone, send it to 

the list and Wendy will approve it for distribution. 

5. What Does The Ombuds Do At...? Scott Deyo will share about the NGA Ombudsman's Office 

Scott Deyo joined the National Geospatial-Intelligence Agency (NGA) about one year ago – he was 

preceded by Jim Sheldon. 

NGA has a national security mission and links with the entire intelligence community. NGA provides 

real time data on what’s happening around the world. Also, they take part in many disaster relief 

and recovery missions. 

Deyo is an organizational ombuds whose office complies with International Ombudsman 

Association standards. In addition to typical workplace concerns, Scott’s office is set up to 

confidentially handle politicization issues. While atypical, these involve allegations that intelligence 

analysis is being manipulated or distorted for political reasons. Scott has wide latitude to coordinate 

across agencies to address issues of common concern. 

6. Standing Up an Ombuds Office Committee -- Update from Barbara Malebranche 

In about one or two weeks, the committee will send two documents to the listserv for review and 

comment. One document is a list of questions an ombuds should ask as they are starting up the 

ombuds office. The second document is a repository of documents that a new ombuds might need; 

it will include examples. One of those documents should be a listing of the IOA reporting categories 

(of most use to internally focused ombuds). Today IOA agreed to post the categories on their 

website and COFO will link to that information. Lastly, the committee might create an additional 

document to use as a repository of examples from COFO members (e.g. standard operating 

procedures, survey questions). 

7. Internship Opportunities 

COFO wants to put together a listing of federal ombuds interested in hosting an intern in 2012. 

Those interested must contact Virginia Behr at Virginia.Behr@fda.hhs.gov by COB April 12. COFO 

members noted that clearance for internships is difficult sometimes; it can take at least one month 

to do low level clearance and up to one year for a high level clearance. Looking ahead, COFO 

should post opportunities in late Fall 2012 intended for Summer internships (or longer internships) 

in 2013. COFO can solicit interested ombuds offices during the COFO annual meeting. Behr will 

review a previous internship list to see who posted internships. Also, COFO itself could consider an 

unpaid intern. 

8. Discussion Topic: You're a one-person shop and are taking a vacation -- what happens to the office? 

For the solo practitioners, coverage for the ombuds office might be a challenge. 

Ideas/recommendations heard from COFO members: 

 Put date of your return on out of office notifications. Because ombuds have an informal 

office, there is rarely an emergency. 
3 

 Utilize ombudsmen outside your Agency. Find an ombuds or trusted individual most similar 

to you in function and Agency type. A sister agency is the most obvious choice. 

 Establish a service agreement for cross-Agency coverage. This could be particularly useful 

for high-level clearance agencies. If interested, look at the Shared Neutrals program to 

anticipate administrative and legal issues. 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

Ombuds Jobs: An entry level job at the Udall Foundation was posted www.ecr.gov. 

Conferences: IOA conference in Houston next week. 

Trainings: none mentioned. 

10. Other Announcements 

The Chair of the USOA federal chapter is now Mindy Bickel (email Mindy.Bickel@uspto.gov), 

replacing Laurie Lenkel. The upcoming annual meeting is in Spokane, Washington. 

Deyo announced that the COFO Executive Committee is currently editing the COFO Charter in 

order to update it. Proposed revisions will be sent to COFO membership for comment. 

Decisions/Agreements Reached: none

Action Items: 

 

 Contact Scott Deyo and Craig Cabrera with ideas or location for the COFO annual conference. 

Emails: Craig.Cabrera@tsa.dhs.gov and Scott.M.Deyo@nga.mil. 

 The Standing Up an Ombuds Office committee will send two documents to the listserv for 

review and comment. 

 If you are interested in hosting an intern in 2012, please contact Virginia Behr at 

Virginia.Behr@fda.hhs.gov by COB April 12. 

 Proposed revisions to the COFO Charter will be sent to COFO membership for comment. 

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 

Date drafted: April 11, 2012 and April 18, 2012 

Date finalized: April 25, 2012 
4 

 

Meeting Date: May 16, 2012 

Location: Consumer Financial Protection Bureau 

 

Attendees (Name, Organization): 

Wendy Kamenshine, CFPB, COFO Chair 

Scott Deyo*, NGA, COFO Vice Chair 

Noreen Kinnavy, IBB, COFO Co-Secretary

Barbara Malebranche*, OPM, Standing Up New 

Ombuds Office Subcommittee Chair

Mindy Bickel*, DOC/SelectUSA 

Carla Miller*, ATF 

King Stablein*, NRC 

David Buckles*,FDA/CDRH

Monique Bookstein*, FBI 

Robert Scott*, FEMA 

Loretta Vardy*, FEMA 

Darell Edmonds*, FEMA 

Linda Baron*, FEMA 

James Staebler*, FEMA 

Susan Roth*, Defense Personnel Advisory Service 

Marcia Larkins*, FDA 

Tom Zrubek*, DOD IG 

Elizabeth Buten*, DOL 

William Beardslee*, DOL 

Brian Bloch*, DOI 

Patrick Naehu* 

Shireen Dodson*, DOS 

Amber Ostrup*, USPTO 

Rita Franklin*, DOE 

Liz Phillips*, FDA 

Yolanda Swift, SBA 

Wade Boswell, DOE 

Jackie Hoffman, TSA 

Heather Milner, CFPB 

Peggy Gleason, DHS 

Peggy Matthews, HUD 

Matt Magee, DOI 

Patricia Johnston, DOI 

Karen Finnegan, OGIS 

Sharon Asar, TSA/CFPB 

Neal Cohen*, CPSC 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Discussion Topic – How can an ombuds best interface with oversight entities? 

3. What Does The Ombuds Do At...the Bureau of Alcohol, Tobacco, Firearms and Explosives? 

4. Annual Conference Update – Scott Deyo 

5. Discussion Topic – Ever heard the question: “How do your stats compare with other agencies?” 

How do you answer? 

6. Standing Up an Ombuds Committee – Barbara Malebranche 

7. Update from the Interagency ADR Working Group – Scott Deyo 

8. Discussion Topic – What is your experience with informal dialogue? 

9. Ombuds Jobs/Upcoming Conferences/Training 

Discussion: 

1. Introductions 

2. Discussion Topic – How can an ombuds best interface with oversight entities? 

What is the appropriate response if an oversight or other authority, such as the IG, Congress, GAO, 

etc., requests information gathered while performing your duties as an ombudsman? This could be 

a challenging situation particularly given the ombuds tenet of confidentiality. Requests that 

ombudsmen could answer in full included those addressing systemic issues, statistical information, 

and policy issues that do not breach confidentiality of any individuals. In some cases, ombudsmen 

will contact an individual to inquire whether they authorize the release information related to their 

case. It’s also important to have the full backing of your agency’s head and GC. Should a 

subpoena be issued, the ADR Act can be cited in an attempt to uphold confidentiality. 

MEETING MINUTES
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3. What Does The Ombuds Do At...the Bureau of Alcohol, Tobacco, Firearms and Explosives? 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a small agency, with 5,000 

employees. The ATF Ombudsman Office deals with internal and external matters and has three 

ombudsmen—two associates and one head. Over the past several months the caseload has 

doubled as a result of an outreach effort to promote available services. In addition to headquarters 

staff, the Ombudsman Office has eight specially trained peer respondents to assist in cases arising 

in field offices. A police psychologist is available on contract to aid as needed with systemic issues 

and mediation, and trained chaplains are available to respond to crisis situations. The office also 

arranges for various employee support groups to deal with a range of personal challenges, i.e., 

elder care, military support, etc. 

4. Annual Conference Update – Scott Deyo 

Please send any ideas for available venues, the conference agenda, or keynote speaker options to 

the organizers: Scott Deyo (scott.m.deyo@nga.mil) and Craig Cabrera 

(craig.cabrera@tsa.dhs.gov). 

 

5. Discussion Topic – Ever heard the question: “How do your stats compare with other agencies?” 

How do you answer? 

Comparing statistics with other agencies is a challenge and not necessarily an objective method of 

evaluation for several reasons: the different size of the communities served; size of the agency; the 

lack of “uniform reporting categories” for external ombudsmen; limitations sometimes imposed by 

bargaining units for covered employees; etc. 

6. Standing Up an Ombuds Committee – Barbara Malebranche 

The Standing Up an Ombuds Committee distributed to the COFO listserv two documents for review 

and input from members: "Questions to Consider When Establishing an Office” and "Useful 

Documents Fellow Ombuds Have Found Helpful in Their Practice." Please provide by June 7 any 

feedback or suggestions by email – and not in the documents themselves – to Barbara 

Malebranche (Barbara.Malebranche@opm.gov) or Noreen Kinnavy (NKinnavy@bbg.gov). The 

documents, designed as guidance and a general resource list, will be posted on the website once 

completed. 

7. Update from the Interagency ADR Working Group – Scott Deyo 

Attorney General Eric Holder attended the February/March ADR Working Group meeting to 

reenergize the group, where they shared the latest developments in ADR and discussed ideas to 

promote and support the ADR specialty. The April meeting took advantage of Adobe Connect to 

broaden participation through remote access. 

Recent topics of discussion have included the use of ADR to resolve problems with complex 

contracts and the issue of confidentiality and its application to the ombudsman function. Some 

would like to have the confidentiality protection extended to ombudsmen in future legislation, 

although there is concern that reopening the legislation could have unintended negative results for 

the current ADR statute. Guidance on confidentiality with ADR processes in the federal 

government is addressed in the Federal Register 2009 (Document #2000). 

8. Discussion Topic – What is your experience with informal dialogue? 

How do you encourage employees to engage in informal dialogue with management, especially 

those who are reticent to engage their supervisors directly? When a visitor comes to an 

ombudsman office to discuss communication challenges with their supervisor, it helps to ask them 

what outcome they hope to achieve and to explain that the ombudsman is an informal process. 

Venues available to raise concerns at some agencies include IdeaFactory (or similar workplace 

social media options) and blogs. Also training in conflict resolution strategies can be helpful to both 

employees and managers. 
3 

9. Ombuds Jobs/Upcoming Conferences/Announcements 

Ombuds Jobs: none mentioned 

Conferences: IOA Board at the latest annual conference (April 2012) sought feedback from its 

membership on ways to achieve greater inclusivity, particularly for those ombudsmen not operating 

fully within the parameters of the IOA Standards of Practice. This is an ongoing issue, which was 

also addressed at the 2011 conference. 

Upcoming Conference: The Annual Federal Dispute Resolution Conference will take place August 

20-23 in San Antonio, Texas 

USOA will hold its annual conference October 10-12 in Spokane, Washington. Preconference 

training will be offered October 8-9. 

Decisions/Agreements Reached: none

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 

Date drafted: June 26, 2012/Date finalized: July 6, 2012 
4 

 

Meeting Date: June 13, 2012 

Location: The Consumer Financial Protection Bureau and via telephone 

 

Attendees (Name, Organization): 

Wendy Kamenshine, DHS-CIS Ombudsman, COFO 

Chair 

Scott Deyo*, NGA, COFO Vice Chair 

Virginia Behr*, FDA/CDER, COFO Secretary 

Noreen Kinnavy, IBB, COFO Secretary 

Peggy Matthews*, HUD 

Barbara Malebranche*, OPM 

Marcia Larkins*, FDA/CVM 

Tom Zrubek*, DOD 

Amber Ostrup*, USPTO 

Karen Finnegan, OGIS 

Dave Buckles*, FDA/CDRH 

Sherry Lard*, FDA/CBER 

Elizabeth Buten*, DOL 

Bill Beardslee*, DOL 

Karen Leichtnam*. DC Courts 

Bob Hosea*, NIH 

Mindy Bickel*, USPTO, DOC 

Brian Bloch*, DOI 

Sheryl Brown-Norman*. ODNI 

Howard Bailick*, FDA 

Francine Schlaks*, IRS 

Jackie Hoffman, TSA 

Joanne Dea, EPA 

Sharon Asar, TSA 

Valerie Michell, DHS 

Allyson Coyne, FRB 

Rita Franklin, DOE 

Brenda Doty, FMC, CFPB 

Guy Weber, TSA 

Cindy Mazur*, FEMA 

Chauncenette Morey*, FBI 

Carla Miller*, ATF 

Tyler Motley, DOT intern, Civil Rights division 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Harvard Negotiation and Mediation Clinical Program –an opportunity for students to conduct 

research projects 

3. Discussion Topic – What is your timeframe to respond to an initial contact? 

4. What Does The Ombuds Do At...The Department of Labor? 

5. Discussion Topic – Who do you report to and what are the pros/cons to different structures? 

6. Annual Conference Update – Scott Deyo 

7. Discussion Topic – What work experiences/trainings have best prepared you for your role in the 

ombuds office? 

8. Discussion Topic – What features of your tracking system do you find most helpful? What do 

you wish were different? 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

Discussion: 

1. Introductions 

2. Harvard Negotiation and Mediation Clinical Program – an opportunity for students to conduct 

research projects 

Students of the program presented on their NIH project at the COFO annual meeting in 2011. If you 

are interested in hosting a project in 2012/2013, Wendy Kamenshine 

(Wendy.Kamenshine@cfpb.gov) can put you in touch with the program lead, Professor Bordone. 

3. Discussion Topic – What is your timeframe to respond to an initial contact? 

MEETING MINUTES
2 

Once someone reaches out to ombudsman, what is the typical length of time for the ombudsman’s 

office to make initial contact? The consensus was that most internal ombuds offices usually 

respond within 24 hours (one business day). Some external ombudsmen take up to three working 

days. The response time depends upon the number of people on staff, work volume, and possibly 

the complexity of the case. Being that many complaints to the ombudsman’s offices pertain to lack 

of communication and/or particularly stressful situations, it’s imperative that ombudsmen respond in 

a timely manner. 

4. What Does The Ombuds Do At...The Department of Labor? 

The Department of Labor (DOL) established a new ombudsman’s program about three months ago. 

The program is housed within the Education and Training Bureau in the Office of Foreign Labor 

certification. When DOL receives a work visa application from foreign nationals, DOL must certify 

that those foreign workers are needed in the U.S. and won’t negatively affect American workers. 

DOL follows rules and regulations to aid in this determination. The program’s goal is to protect the 

interests of U.S. employers, U.S. workers, and foreign workers. 

The ombudsman’s program achieves these goals by: 

 Improving communication, consistency, and customer service 

 Facilitating transfer of information between reviewers and stakeholders 

 Answering questions about the certification process 

 Assisting with problems on specific cases 

 Identifying and evaluating systemic or policy problems in the certification program and 

making recommendations for change 

5. Discussion Topic – Who do you report to and what are the pros/cons to different structures? 

Most ombudsmen report to as high a level as is functional in their organization. High level reporting 

sends a message to the agency and public that the ombuds program is well-supported, listened to, 

and respected. Access to upper management is critical for an effective ombuds program. However, 

upper management’s availability on a day to day basis may be limited. Also, there may be an errant 

expectation that the ombudsman will always take issues directly to upper management even though 

the case should be handled on a lower level. An ombudsman program that is not structurally 

separate should also report to the highest level official in the agency rather than the highest level 

official within their immediate department in order to ensure independence. 

6. Annual Conference Update – Scott Deyo 

The annual conference planning committee received suggestions and developed topics for the 

annual conference to be held in November. They will propose topics and suggested keynote 

speakers to the COFO Executive Committee during the next Executive Committee meeting. 

Venues were reserved but a final decision has not been made yet; it will likely be the space that is 

most convenient for COFO membership. 

If anyone has additional topics to suggest or wants to volunteer to assist (general assistance or 

serving as a session facilitator), please contact Craig Cabrera (Craig.Cabrera@tsa.dhs.gov) or 

Scott Deyo (Scott.M.Deyo@nga.mil). 

7. Discussion Topic – What work experiences/trainings have best prepared you for your role in the 

ombuds office? 

Individual responses included: 

 Utilizing ombudsman professional groups as a resource (e.g. COFO and IOA). 

 Facilitation and mediation courses 

 Teaching high school 

 Crisis situation training 

 Mediator experience 

 Leadership training 

 Presentation skills course 
3 

 Continuing education on subject matter relevant to your agency/organization. This is 

necessary to keep abreast of current laws and programs to know what is affecting your 

clients. 

 Seminars on topics related to ombuds work, e.g. diversity, conflict resolution, generational 

differences 

8. Discussion Topic – What features of your tracking system do you find most helpful? What do you 

wish were different? 

Helpful features include: the ability to make changes and modify categories, any feature that allow 

easy data analysis, “Notes” fields. 

Recommendations for choosing or building a tracking system: 

 The system complexity should match the extent of the information you want to capture 

 Sketch out a basic process flow for a typical complaint in order to more clearly see what 

fields you want to track 

 For external ombuds, check privacy regulations 

 Consult with the Records Management group. There is a NARA contact within each 

Agency. 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

 October 8-12, 2012. USOA conference in Spokane, WA. http://www.usombudsman.org 

 July 16-20, 2012 IOA training near Orlando, FL. Ombuds 101 and 101 Plus and a one day 

Ethics course. http://www.ombudsassociation.org 

 August 20-23, FDR, San Antonio, TX http://www.fdrconferences.org 

Decisions/Agreements Reached: none

Action Items: 

 Suggest topics and/or volunteer to assist (general assistance or serving as a session facilitator) 

for the COFO annual meeting. If interested, please contact Craig Cabrera 

(Craig.Cabrera@tsa.dhs.gov) or Scott Deyo (Scott.M.Deyo@nga.mil). 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: June 13 and 15, 2012 / finalized: July 6, 2012 
4 

 

Meeting Date: July 11, 2012 

Location: The Consumer Financial Protection Bureau and via telephone 

 

Attendees (Name, Organization): 

Wendy Kamenshine, CFPB, COFO Chair 

Virginia Behr*, FDA/CDER, COFO Secretary 

Noreen Kinnavy*, IBB, COFO Secretary 

Barbara Malebranche*, OPM 

Neal Cohen*, CPSC 

Karen Leichtnam*. DC Courts 

Karen Finnegan*, OGIS 

Sheryl Brown-Norman*, ODNI 

Rita Franklin*, DOE 

Wade Boswell*, DOE 

Craig Cabrera*, TSA 

Sharon Asar*, TSA 

Jackie Hoffman*, TSA 

Carla Miller*, ATF 

Shana Plummer*, OPM 

Bill Beardsley*, DOL 

Elizabeth Butin*, DOL 

Karen Schindler*, DOL 

Joanne Dea*, EPA

Peggy Gleason*, DHS CIS Ombudsman 

Emilie O’Malley*, Federal Reserve Board 

Heather Milner, CFPB 

Amber Ostrup*, USPTO 

Shireen Dodson*, Dept of State 

Yolanda Swift*, SBA 

Tony Smith, HHS, CFPB 

Brenda Doty, FMC, CFPB 

Bill Maurer, HHS 

Lisa Witzler*, NIH 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. What Does The Ombuds Do At....? Rita Franklin will share about the new Ombuds Office at the 

Department of Energy (DOE) 

3. Discussion Topic – Do you have a records disposition and, if so, what is your schedule for 

keeping records? 

4. US Ombudsman’s Association Annual Conference – Suggestions for legal topics panel 

5. Discussion Topic – What are good performance criteria to use for an ombuds? 

6. Annual Conference Update – Scott Deyo, Craig Cabrera 

7. Discussion Topic – What does good customer service mean for the agency and for you as an 

ombuds? 

8. Ombuds Jobs/Upcoming Conferences/Trainings 

Discussion: 

1. Introductions 

2. What Does The Ombuds Do At....? Rita Franklin will share about the new Ombuds Office at the 

Department of Energy 

Current DOE Secretary Chu established the DOE Ombudsman’s office. The office serves the 

Department’s federal workforce (15,000 employees) in dealing with workplace issues. The 

office identifies systemic issues across the Department or in Offices. It also created an 

employee resource manual. 

Because of Secretary Chu’s support, the Office has direct access to Under Secretaries and is 

able to work closely with other related areas in DOE, including Civil Rights, Employee 

Assistance Program (EAP), Differing Professional Opinions program, Union, Health Clinic, 

MEETING MINUTES
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Conflict Prevention and Resolution Staff, and other groups. Website: http://energy.gov/officeombudsman 

3. Discussion Topic – Do you have a records disposition and, if so, what is your schedule for 

keeping records? 

As federal offices, records schedules define how long offices keep documents.. To establish 

records retention schedules, we work with our agency records officers and refer to NARA, 

which approves the records schedules. Ombuds office schedules vary across the federal 

government. 

4. US Ombudsman’s Association Annual Conference – Suggestions for legal topics panel 

Conference is in October 2012 in Spokane, WA. Are there any legal topics of particular 

interest? 

How far does the ombuds privilege go? Although there is currently no federal ombuds privilege, 

what protections are there? 

5. Discussion Topic – What are good performance criteria to use for an ombuds? 

What are good performance indicators for individual ombudsmen? One good measure is the 

number of people the office/individual comes in contact with and interacts with for outreach or 

otherwise. Additional elements might include success with dispute resolution, response times, 

customer service, outreach and education, addressing systemic issues, providing input on 

policy implementation, and technical competence. Also, customer satisfaction survey ratings for 

individual ombuds may be used, although there is some discussion as to how that can be 

crafted to be a fair measure. 

6. Annual Conference Update – Scott Deyo, Craig Cabrera 

The conference committee announced the location selection of USPTO in Alexandria, VA, 

about 1⁄4 mile from Metro. The committee continues to line up speakers and topics. The 

conference is free and is a great way to network and discuss topics important to federal 

ombudsmen. Date to be announced soon! 

7. Discussion Topic – What does good customer service mean for the agency and for you as an 

ombuds? 

 Go above and beyond and give complainants some sort of positive, tangible outcome 

they can pursue on their own. 

 Make sure question or complaint was answered fully. 

 Timely response. 

 People want to feel heard or have a chance to “vent”, so listen well. 

8. Ombuds Jobs/Upcoming Conferences/Trainings 

 USOA annual conference in October 

 COFO annual conference in October/November, exact date TBD 

 IOA meeting in July 

Decisions/Agreements Reached: none

Action Items: None 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: July 16, 2012 / finalized: July 18, 2012 
3 

 

Meeting Date: September 12, 2012 

Location: Consumer Financial Protection Bureau 

 

Attendees (Name, Organization): 

Wendy Kamenshine-CFPB, COFO Chair 

Scott Deyo-NGA, COFO Vice Chair* 

Noreen Kinnavy-IBB, COFO Co-Secretary 

Virginia Behr-FDA, COFO Co-Secretary* 

Elizabeth Buten-DOL* 

Patricia Cashin-DHS* 

Shari Welker-USDA* 

Joanne Dea-EPA*

Tonya Sweat-NCUA* 

Jeri Walker-NCUA* 

Matt Magee-DOI* 

Sheryl Brown-Norman-ODNI* 

Andrew Colsky-TSA 

Emilie O’Malley-Federal Reserve* 

Patrick Naehu-mediator* 

King Stablein-NRC*

Craig Cabrera-TSA* 

Mike Powers-FHFA* 

Elsa Sherrill-University of Virginia* 

Howard Balick-FDA* 

Sean Banks-Shell Oil, representative from 

International Ombudsman Association* 

Neal Cohen-CPSC* 

Francine Schlaks-IRS* 

Greg Burke-VA*

Yolanda Swift-SBA*

Yvonne Hinkson-BOI* 

Robert Harris-FDIC 

Peggy Matthews-HUD

Peggy Gleason-DHS* 

Cathi Barchi-DOE 

Heather Milner-CFPB 

Tony Smith-HHS/CFPB 

Lisa Olivieri-Secret Service 

Sharon Asar-TSA 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Ombudsman Training 

3. Discussion Topic – How many times do you follow up with someone if they don’t contact you back? 

Does the way they reached you initially have any relevance? Do the circumstances matter? 

4. Joint Brown Bag with Interagency ADR Working Group – September 20 at the National Archives re 

recordkeeping and confidentiality as ADR professionals 

5. What Does the Ombudsman Do At...the Federal Housing Finance Agency?

6. Discussion Topic – We serve as a confidential resource, so what do you leave on voicemails, if 

anything? What if the voicemail has no identifying information? 

7. Annual Conference Update – Scott Deyo, Craig Cabrera 

8. Discussion Topic – What do you do when people want to discuss topics outside of your jurisdiction? 

What if they do not wish to be referred elsewhere, but instead want to talk with you? 

9. Discussion Topic – After the initial “inreach” or outreach, how do you keep the message going over time 

that you exist as a resource? 

10. Ombuds Jobs/Upcoming Conferences 

Discussion: 

1. Introductions 

2. Ombudsman Training 

Sean Banks, Director and Corporate Ombuds of the Shell Oil Company, announced IOA training sessions 

scheduled for October 15-19 in Baltimore, Maryland. Additional information is available at: 

http://www.ombudsassociation.org/2012october. 

MEETING MINUTES
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3. Discussion Topic – How many times do you follow up with someone if they don’t contact you back? 

Does the way they reached you initially have any relevance? Do the circumstances matter? 

Few offices have set rules, although most make at least two attempts to follow up and will leave a case open 

for two or three months. The means of communication is not a factor, although email is more likely to ensure 

a response. One strategy for following up with a non-responsive contact is to notify them that you’ve been 

unsuccessful at reaching them and will wait for them to respond. In order to maximize responsiveness, 

during an initial visit or telephone consultation, next steps discussed should include the preferred means for 

follow up communications. 

4. Joint Brown Bag with Interagency ADR Working Group – September 20 at the National Archives re 

recordkeeping and confidentiality as ADR professionals 

The Interagency ADR Working Group will be sponsoring a session with NARA on confidentiality and recordkeeping issues for federal ombudsmen. It will be held on Wednesday, September 20 at a location and time 

to be announced soon. 

5. What Does the Ombudsman Do At...the Federal Housing Finance Agency (FHFA)? 

The FHFA Office of the Ombudsman was established by regulation as part of the Housing and Financial 

Recovery Act in 2008, which merged related federal agencies. The office—which reports to the agency 

Director—has one ombudsman, Michael Powers, and an administrative official. As a classical ombudsman 

office, they handle external complaints and concerns (referring any internal workplace complaints to 

appropriate offices). The ombudsman also reports on trends, gathers facts and makes recommendations to 

improve operations and propose solutions. Since its inception in March 2011, the office has primarily 

engaged in mediation to pursue issue resolution prior to a complaint reaching the stage of a formal appeal 

process. The office website is: http://www.fhfa.gov/Default.aspx?Page=337

6. Discussion Topic – We serve as a confidential resource, so what do you leave on voicemails, if 

anything? What if the voicemail has no identifying information? 

Ombudsmen take into account the challenges of confidentiality when contacting others by telephone, 

although differing standards reflect the responsibilities and functions of external versus internal ombuds 

offices. Unless the call is routine in nature, precautions should be taken when leaving voicemail messages. 

Barring other options for reaching the individual when confidentiality is paramount, a message can be left 

without any identifiers (i.e., “just returning your call”). 

7. Conference Update – Scott Deyo, Craig Cabrera 

The COFO annual conference will be held Monday, October 29, with on-line registration already underway 

and the agenda available at: http://cofo2012webinar.eventzilla.net/. 

8. Discussion Topic – What do you do when people want to discuss topics outside of your jurisdiction? 

What if they do not wish to be referred elsewhere, but instead want to talk with you? 

Many ombudsmen will engage with a visitor/contact regardless of the topic, although they encourage those 

who have issues outside their jurisdiction to consult with the appropriate person or office. It’s important that 

the contact understand that the issue falls outside of the ombudsman’s area of expertise/jurisdiction. In order 

to persuade a reluctant person to utilize more appropriate venues, an ombudsman can ask about the visitor’s 

goal and promote self-assessment to overcome any stigma associated with other resources (i.e., EAP). 

9. Ombuds Jobs/Upcoming Conferences/Training 

 

Jobs: None announced 

Conferences: COFO, Washington,D.C., October 29, 2012 (http://www.ombudsassociation.org/2012october) 

USOA, Spokane, Washington, October 2012 (http://www.usombudsman.org) 

IOA, Baltimore, Maryland, October 15-19, 2012 (http://www.ombudsassociation.org/2012october) 

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 
3 

 

Meeting Date: November 14, 2012 

Location: Consumer Financial Protection Bureau 

 

Attendees (Name, Organization): 

Wendy Kamenshine, CFPB, COFO Chair 

Scott Deyo, NGA, COFO Vice Chair* 

Noreen Kinnavy, IBB, COFO Co-Secretary* 

Karen Leichtnam, DC Courts* 

Riley Barra, Air Force* 

Sharon Asar, TSA* 

Carla Miller, ATF* 

Robert Harris, FDIC 

Ed Modell, MD Judiciary 

Tony Smith, CFPB/HHS 

Cathy Barchi, DOE* 

King Stablein, NRC* 

Laurie Lenkel, FDA* 

Gordon Talbot, FDIC* 

Victor Voloshin, EEOC 

Jerilyn Walker, NCUA* 

Emilie O’Malley, Federal Reserve Board* 

Sheryl Brown-Norman, ODNI* 

Joanne Dea, EPA 

Marcia Larkins, FDA/CVM* 

Brian Bloch, DOI* 

Shireen Dodson, Dept of State* 

Mona Lease, student* 

Monique Bookstein, FBI* 

Roberta Valdez, FDIC* 

Rick Daniel, NRC* 

Shana Plummer, OPM* 

Elizabeth Buten, DOL* 

Vicky Gilner, Air Force* 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Discussion Topic – What factors do you use to determine the size of your office? How can you 

formulate a request for more personnel? 

3. What Does The Ombuds Do At....? Monique Bookstein is going to share with us about the 

Ombuds Office at the FBI 

4. Discussion Topic – Who reviews your reports and how do you decide what feedback to 

incorporate? 

5. Presentation – Ed Modell, Ombudsman for the Maryland Judiciary, will share with us some 

thoughts on Conflict Management Coaching (see attached) 

6. Discussion Topic – As federal ombuds, how do you know what official documents you need to file? 

Records schedule, Systems of Records notice, etc.? 

7. Ombuds Jobs/Upcoming Conferences/Training 

8. COFO Bylaws 

 Discussion: 

1. Introductions 

2. Discussion Topic – What factors do you use to determine the size of your office? How can you 

formulate a request for more personnel? 

The number of staff members for an office varies widely, with no universally accepted ratio of staff to 

employees and/or members of the public served. When requesting personnel, key factors include the 

size, location, and needs of the workplace or community as well as the range of services offered. 

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3. What Does The Ombuds Do At....? Monique Bookstein is going to share with us about the Ombuds 

Office at the FBI 

In addition to Monique Bookstein as the Ombudsman, the FBI Office of the Ombudsman 

(https://www.fbijobs.gov/311176.asp) has four associate ombudsmen and an office manager, who 

serve employees at headquarters and field offices in the U.S. and overseas. The office reports to the 

FBI director. Any employee can avail themselves of their services through email, videoconferencing, 

phone calls and personal visits. The office also coordinates three advisory committees that raise issues 

confronting various internal constituencies to the FBI director. 

4. Discussion Topic – Who reviews your reports and how do you decide what feedback to 

incorporate? 

Generally, ombudsmen decide what to include in any reports they generate. In some instances, 

particularly in the case of external ombudsman offices, reports may be shared with the general counsel 

for input, with deadlines to submit any comments prior to public release. 

5. Presentation – Ed Modell, Ombudsman for the Maryland Judiciary, will share with us some 

thoughts on Conflict Management Coaching 

Ed Modell, Ombudsman for the Maryland Court System 

(http://www.courts.state.md.us/ombudsman.html), addressed conflict management coaching as a key 

tool available for resolving conflicts. This can be a particularly useful way to address workplace 

problems when a contact/visitor does not want to engage in actual mediation. Ombudsmen can help 

individuals understand the way they handle conflict (i.e., Thomas-Killman conflict style analysis) and 

provide guidance that will lead to better outcomes in addressing workplace problems. 

Additional resources on this topic include: the International Coach Federation 

(http://www.coachfederation.org/icfcredentials/core-competencies/); a PowerPoint by Ed Modell 

(Attachment A); and a newly formed federal group on conflict coaching 

(FAFGCD.workflow@pentagon.saf.mil or contact Sarah Stanton at 703-693-2795). 

6. Discussion Topic – As federal ombuds, how do you know what official documents you need to file? 

Records schedule, Systems of Records notice, etc.? 

A records schedule establishes the disposition of any records you create. If your agency does not have 

a schedule that covers the ombudsman’s office, resources available for drafting one include NARA’s 

website (for both internal and external offices) and the Federal Register (external offices). 

Ombudsman offices should consider privacy implications when managing databases or other records 

with personally identifiable information subject to release through information requests 

(http://www.opm.gov/privacy/SORNGuide.pdf). 

 

7. Ombuds Jobs/Upcoming Conferences/Training 

No jobs or conferences announced. Training addressed in item # 5 of the agenda. 

8. COFO Bylaws 

The COFO executive committee would like to update the charter and invites COFO membership to 

review it and send any ideas or recommendations to Scott Deyo (Scott.M.Deyo@nga.mil). 

Attachment: A 

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 
3

 

Meeting Date: December 12, 2012 

Location: Teleconference 

 

Attendees (Name, Organization): 

Wendy Kamenshine, CFPB, COFO Chair 

Scott Deyo, NGA, COFO Vice Chair 

Virginia Behr, FDA/CDER, COFO Co-Secretary 

Noreen Kinnavy, IBB, COFO Co-Secretary 

Neal Cohen, CPSC, COFO Co-membership 

Coordinator 

Barbara Malebranche, OPM 

Sharon Asar, CFPB 

Rita Franklin, DOE 

Cathy Barchi, DOE 

King Stablein, NRC 

Laurie Lenkel, FDA 

Victor Voloshin, EEOC 

Peggy Matthews, HUD 

Tonya Sweat, NCUA 

Shari Walker, NCUA 

Emilie O’Malley, Federal Reserve Board 

Sheryl Brown-Norman, ODNI 

Heather Milner, CFPB 

Matilda Brodnax, Dept of Navy 

Joanne Dea, EPA 

Brad Johnson, IRS 

Dave Buckles, FDA/CDRH 

Brenda Doty, FMC 

June Lee, DOJ, Anti-trust 

Marcia Larkins, FDA/CVM 

Brian Bloch, DOI 

Greg Burke, VA 

Shireen Dodson, Dept of State 

Guy Weber, TSA 

Rex Elliot, NSA 

Lester Shaney, FEMA 

Tony Smith, CFPB, HHS 

Mona Lease, student 

Yolanda Swift, SBA 

Agenda/Topics at a Glance: 

1. Introductions 

2. Discussion Topic – What are the benefits and challenges to having an internal and external ombuds 

function in the same office? 

3. What Does The Ombuds Do At....? Tonya Sweat, Ombudsman at the National Credit Union 

Administration, will share about her office! 

4. Discussion Topic – IG Whistleblower Ombudsman – Scott Deyo will introduce this discussion 

5. COFO Annual Meeting Update 

6. Additional Discussion about Ombuds Privilege 

Discussion: 

1. Introductions 

2. Discussion Topic – What are the benefits and challenges to having an internal and external ombuds 

function in the same office? 

Most federal offices have separate offices for internal and external ombudsmen because they have 

different functions. Some participants shared that separation makes sense, as the body of 

knowledge drawn upon, needs of visitors, and issues are different. Also, the expectations by the 

type of visitor (e.g. desire for confidentiality) may be different. It is especially difficult to house both 

in one office within a large organization, though it is possible in a smaller organization as long as 

business principles and ombuds tenets are adhered to. 

3. What Does The Ombuds Do At....? Tonya Sweat, Ombudsman at the National Credit Union 

Administration, will share about her office! 

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The NCUA Ombudsman’s Office was established by law in 1995 and is filled by selected senior staff 

members as an additional duty. Tonya Sweat in the Office of Consumer Protection was designated as 

Ombudsman in 2010, and she will pass the baton next year. Duties include: review and investigate 

external complaints from credit union industry or other stakeholders; recommend solutions to parties 

involved; make recommendations to agency officials; and make referrals as needed. Website: 

http://www.ncua.gov/about/leadership/co/pages/ombudsman.aspx 

4. Discussion Topic – Inspector General (IG) Whistleblower Ombudsman – Scott Deyo will introduce 

this discussion 

The Whistleblower Protection Enhancement Act of 2012 (Appendix A) amended the Inspector 

General Act of 1978 (5 U.S.C. App.), replacing subsection (d) and inserting the following: 

“(C) designate a Whistleblower Protection Ombudsman who shall educate agency employees--

(i) about prohibitions on retaliation for protected disclosures; and 

(ii) who have made or are contemplating making a protected disclosure about the rights and 

remedies against retaliation for protected disclosures. 

(2) The Whistleblower Protection Ombudsman shall not act as a legal representative, agent, or 

advocate of the employee or former employee.” 

Meeting participants briefly explored this topic and agreed that further discussion is warranted. Protection 

of whistleblowers is certainly an important topic. One participant had first-hand experience of being a 

whistleblower and understood the need for such protections. Participants were interested in how the 

Ombudsman role will be implemented within this context. Broadly speaking, it is important for anyone 

implementing a new program to consider core ombuds tenets. Some questions came to mind about how a 

whistleblower ombudsman will be best able to be an independent, neutral, informal, and confidential 

resource, particularly within an IG structure. For example, at least one participant posited that the 

organizational placement of this role is critically important, and it might not be best suited in the IG structure. 

There was a consensus that a partnership between COFO and the IG community would be helpful in light of 

this legislation to assist in setting up this resource. To that end, Scott reached out to the Council of 

Inspectors General and introduced COFO as a resource for information and collaboration for establishing 

an Ombudsman function. Scott also shared the joint COFO and Interagency ADR Working Group 

publication, “A Guide For Federal Employee Ombuds: A Supplement To and Annotation of the Standards 

for the Establishment and Operations of Ombuds Offices.” 

5. COFO Annual Meeting Update – Scott Deyo 

The COFO annual conference was postponed due to inclement weather. The conference is 

rescheduled for Friday, February 8, 2013. On-line registration link will be forwarded to members in the 

near future. [Note that in a subsequent meeting, we shared that due to logistical challenges in 

rescheduling from hurricane Sandy we will not hold the 2012 conference and will plan for the same 

schedule in the fall of 2013.] 

6. Additional Discussion about Ombuds Privilege 

There is an ongoing concern that was raised for possible further discussion in a future COFO forum. That is: 

what ombuds privilege exists to protect communications? Is there any COFO work in this area? How much 

confidentiality is protected? COFO has discussed this in the past and it would be useful to pull together 

information on the topic. Additional details to add to further discussion on this topic: Some protection stated 

in the ADRA of 1996, but might be limited; FOIA rules; can “credentialing” help create protections. Many 

noted that advertising confidentiality broadly, widely, and consistently, i.e., charters, brochures, email 

disclosures, is an important step in protecting confidential communications. 

Minutes preparer: Noreen Kinnavy/ Virginia L. Behr 

Appendix A: Whistleblower Protection Enhancement Act of 2012 

BILLS-112s743enr.p

df
3

 

Meeting Date: January 16, 2013 

Location: The Consumer Financial Protection Bureau and via telephone 

 

Attendees (Name, Organization): 

Wendy Kamenshine, CFPB, COFO Chair 

Scott Deyo*, National Geospatial-Intelligence 

Agency, COFO Vice Chair 

Virginia Behr*, FDA/CDER, COFO Secretary 

Noreen Kinnavy*, IBB, COFO Secretary 

Cathy Barchi, Dept of Energy 

Elizabeth Buten, Labor 

Neal Cohen*, CPSC, COFO Membership 

Coordinator 

Stephanie Fast*, DHS-Office of CIS Ombudsman 

Heather Milner*, CFPB 

Sharon Asar*, CFPB 

Monique Bookstein*, FBI 

Roberta Valdez*, FDIC 

Laurie Lenkel*, FDA 

Barbara Malebranche*, OPM 

Julie Bush*, FTC 

Joanne Dea*, EPA 

Peggy Gleason*, DHS-CIS Ombudsman 

King Stablein*, NRC 

Matt Magee, DOI-Bureau of Land Management 

Craig Cabrera*, TSA 

Guy Weber*, TSA 

Tanya Sweat*, NCUA 

Arthur Wigfall*, TSA 

Mona Lease*, student 

Brenda Doty*, FMC 

Patricia Cashin*, ICE 

Brian Bloch*, DOI 

Peggy Matthews*, HUD 

Bill Maurer, HUD 

Marcia Larkins*, FDA/CVM 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introduction 

2. Discussion Topic - Does your agency do mediations? If so, which office arranges them? 

3. Update re 2012 COFO Annual Conference – Scott Deyo 

4. What Does The Ombuds Do At....The Consumer Financial Protection Bureau? 

5. Discussion Topic – There is a corporate trend towards open space environments. Is your 

agency taking this approach and what does it mean for the ombudsman? 

6. Individuals who Repeatedly Contact the Agency. SOPs for how to handle? 

7. Ombuds Jobs/Upcoming Conferences/Trainings 

Discussion: 

1. Introduction 

2. Discussion Topic - Does your agency do mediations? If so, which office arranges them? 

What types of formal mediation programs exist? Many ADR programs are under the umbrella of the 

EEO office. What about those situations when mediation is needed to resolve a workplace conflict but 

not an EEO complaint? Some have an integrated group with conflict resolution specialists who handle 

EEO and other workplace conflicts; others have separate groups to handle EEO and non-EEO. Some 

have ADR specialists in the legal department and handle EEO and non-EEO conflicts. EPA used to 

have Workplace Solutions staff – trained 20 people at EPA to do mediations but tended to use Shared 

Neutrals mediators. Also have access to privately contracted mediators (paid for by requesting office). 

Shared Neutrals is a free service run out of HHS. Mediator-trained federal employees conduct 

MEETING MINUTES
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mediations at requesting agencies. Federal Mediation and Conciliation Service is also available for a 

fee. Treasury, the VA, and DOD also have trained mediators available. 

3. Update re 2012 COFO Annual Conference – Scott Deyo 

We had tremendous logistical difficulties rescheduling the November 2012 annual meeting. Instead, we 

will plan for an earlier 2013 annual meeting, possibly September. 

4. What Does The Ombuds Do At....The Consumer Financial Protection Bureau? 

The CFPB was established with the Dodd Frank Act, and opened in 2011. Ombuds developed a 

charter, tracking categories, and other actions needed to open an ombudsman’s office (December 8, 

2011). The ombudsman’s office is externally facing and was provisioned under statute. They assist 

consumers, financial institutions, and groups that interface with the CFPB in resolving issues with the 

agency The office focuses on: supervisory and enforcement issues, consumer complaints process, 

supervisory appeals process issues, and facilitation for interagency issues. 

5. Discussion Topic – There is a corporate trend towards open space environments. Is your agency 

taking this approach and what does it mean for the ombudsman? 

There is a trend towards a more open physical space in the workplace; use of low walls, glass, and 

cubicles. Some employees are quite resistant to this change. There is a special concern from those 

who work with confidential information. The layout increases collaboration if you are located with others 

who do similar work or work on the same projects. Those who need to maintain confidentiality require 

private space. 

6. Individuals who Repeatedly Contact the Agency. SOPs for how to handle? 

“Frequent Flyers” contact employees repeatedly, to the point where the conduct can become disruptive 

and unproductive (multiple contacts in a day). If no further action is appropriate in a given case, phone 

calls and emails can be blocked and security notified. No SOP is available. Federal Protective Services 

sometimes may need to become involved in cases involving imminent risk of harm. All Hands emails 

are sent to employees to appropriately report contact from harassing individual. If an individual 

continues to inappropriately contact the ombudsman’s office, can be informed that their inquiry has 

been addressed as appropriate and will not respond unless raising a new issue. 

7. Ombuds Jobs/Upcoming Conferences/Trainings 

 IOA annual conference in April in Miami, FL 

 Interagency ADR working group February 7, 2013 

 Straus Institute Professional Skills workshops. Pepperdine. March in Baltimore, MD 

 TSA might be announcing openings soon 

Decisions/Agreements Reached: none

Action Items: 

 Begin planning for 2013 annual meeting 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: January 18, 2013 / finalized: August 27, 2013 
3

 

Meeting Date: February 13, 2013 

Location: Consumer Financial Protection Bureau 

 

Attendees (Name, Organization): 

Sarah Stanton-Air Force 

Jackie Hoffman-TSA 

Wendy Kamenshine, CFPB, COFO Chair 

Noreen Kinnavy, BBG, COFO Co-Secretary 

Guy Weber-TSA 

Sharon Asar-CFPB 

Craig Cabrera-TSA 

Karen Leichtnam-DC Courts* 

Shari Welker-USDA* 

Tom Zrubeck-DOD IG* 

King Stablein-NRC*

Dave Buckles-FDA* 

Carrie McGuire-NARA* 

Emilie O'Malley-Federal Reserve* 

Brian Bloch-DOI* 

Scott Deyo-NGA, COFO Vice Chair* 

Khadija Athman-National Guard Bureau* 

Margaret Tyus-National Guard Bureau* 

Mona Lease-student* 

Debra Grant-HUD OIG* 

Monique Bookstein-FBI* 

Joanne Dea-EPA*

Bill Maurer-Energy* 

Jeri Walker-NCUA* 

Tanya Thompson-USDA* 

Kim Guay-ATF* 

Brenda Doty-FMC* 

Maria Odom-DHS-CISOMB* 

Marcia Larkins-FDA* 

Kirsten Mitchell-NARA* 

Laurie Lenkel-FDA* 

Shireen Dodson-State* 

Matilda Brodnax-FEMA* 

Robert Harris-FDIC* 

Pam Pontillo-Energy* 

Michael Lawrence-Sargeant at Arms* 

Roberta Valdez-FDIC* 

Yolanda Swift-SBA*

Dale Vergott-DIA* 

Claire Heffernan-TSA* 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Discussion Topic – You wear two hats, Ombudsman and employee – how do you function 

successfully as both? 

3. IADRWG Update – Scott Deyo will share the latest from the Interagency ADR Working Group. 

4. Discussion Topic – How do you raise issues to upper level management and what are the criteria to 

share broader issues? 

5. What Does the Ombuds Do At....? Brian Bloch, Ombudsman, Office of the Special Trustee for 

American Indians, Department of the Interior will share about his role and answer any questions 

you may have. 

6. Discussion Topic – Ombudsman writing skills – What are the similarities and differences with other 

types of writing? 

7. Ombuds Jobs/Upcoming Conferences/Trainings 

 

Discussion: 

1. Introductions 

2. Discussion Topic – You wear two hats, Ombudsman and employee – how do you function 

successfully as both? 

Sometimes constituents might question whether an ombudsman, as an agency employee reporting 

to high-level representatives of the same agency, can also be independent. In many instances the 

only way to resolve an issue is by consulting with high-level agency officials. In the case of external 

MEETING MINUTES
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constituents, they could pursue recourse outside of the agency if they are not satisfied with the initial 

response or proposed resolution. Outside contractors could also be made available if appropriate. 

3. IADRWG Update – Scott Deyo will share the latest from the Interagency ADR Working Group. 

The IADRWG paired with CoFO to host a panel discussion on how an ombudsman’s office can 

contribute to an agency’s success. Rita Franklin, Wendy Kamenshine and Chuck Howard were 

panelists, with Scott Deyo serving as the moderator. The event, held at the Department of Energy, 

was well attended both in person and by teleconference. 

THE IADRWG sponsors a Conflict Management Consortium (CMC), an educational and networking 

forum dealing with federal workplace ADR programs, including best practices and program 

development and evaluation. The meetings are open to all CoFO members and are held the 

second Thursday of every month. For additional information contact Scott (Scott.M.Deyo@nga.mil) 

or the CMC Chair, Victor Voloshin (Victor.Voloshin@eeoc.gov).

4. Discussion Topic – How do you raise issues to upper level management and what are the criteria to 

share broader issues? 

When communicating with upper management, broader issues usually highlight systemic or 

mission-related challenges; individual cases—assuming consent to disclosure—can be raised when 

particularly serious issues arise. Sometimes it’s more appropriate to raise concerns at a lower level 

and only bring them to top leadership if there are implications for all involved, particularly when a 

director might want to consider adopting an agency-wide policy. It’s important to make leadership 

aware of issues that affect large numbers of employees or outside public constituencies so that 

leadership is not blind-sided and can take appropriate action. 

5. What Does the Ombuds Do At....? Brian Bloch, Ombudsman, Office of the Special Trustee for 

American Indians, Department of the Interior will share about his role and answer any questions 

you may have. 

The Office of the Special Trustee for American Indians (OST) oversees trust management and 

beneficiary services for American Indians and reservations. Brian Bloch is an internal solo 

practitioner ombudsman for the OST’s approximately 700 employees who are located throughout 

the country, particularly in the West. In addition to routine ombuds duties from his home base in 

Washington, D.C., Brian makes field visits and provides conflict competence training. He also 

facilitates a seven-member Integrated Conflict Management System, a group that meets monthly to 

discuss workplace trends and challenges. More information is available at: http://www.doi.gov/cadr. 

6. Discussion Topic – Ombudsman writing skills – What are the similarities and differences with other 

types of writing? 

Written reports need to take into account the intended audience and present relevant information. 

Use of the third person and broad descriptions can be effective as well. When dealing with an 

outside audience, information received confidentially in the resolution of a matter should be 

communicated by using generic identifiers, i.e., “we understand that...” or “we have heard that....” 

7. Ombuds Jobs/Upcoming Conferences/Trainings 

International Ombudsman Association (IOA) annual conference to be held in April in Miami, Florida. 

Federal Dispute Resolution conference to be held in July in Orlando, Florida. 

CINERGY (Conflict Management Coaching) will be holding a class in April. Contact 

cinnie@cinergycoaching.com. 

CFPB will be recruiting for an associate ombudsman in late February/early March; the job 

announcement will be posted on www.usajobs.gov. 

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 
3

 

Meeting Date: March 13, 2013 

Location: The Consumer Financial Protection Bureau and via telephone 

 

Attendees (Name, Organization): 

Sharon Asar, CFPB 

Ruth McWilliams, NASA 

Rex Eliot, NASA 

Wendy Kamenshine, CFPB, COFO Chair 

Guy Weber, TSA 

Arthur Wigfall, TSA 

Jackie Hoffman, TSA 

Patricia Cashin*, DHS-US Visit 

Peggy Matthews*, HUD OIG 

Rita Franklin*, Energy 

Zach Ulrich*, student 

Mona Lease*, student 

Tom Zrubek*, DODIG 

Pam Pontillo*, Energy 

Joanna Dea*, EPA 

King Stablein*, NRC 

Laurie Lenkel*, FDA 

Cathy Barchi*, Energy 

Peggy Gleason*, DHS-CIS Ombudsman 

Neal Cohen*, CPSC, COFO Membership 

Coordinator 

Jeri Walker*, NCUA 

Roberta Valdez*, FDIC 

Virginia Behr*, FDA, COFO Co-Secretary 

Scott Deyo*, NGA, COFO Vice Chair 

Vicky Gilner*, Air Force 

Marcia Larkins*, FDA 

Julie Jones*, DIA 

Molly Berg*, NGA 

Riley Barra*, Air Force 

Brian Bloch*, DOI 

Victor Voloshin*, EEOC 

Marc Kriss*, DOT 

Noreen Kinnavy*, BBG, COFO Co-Secretary 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Discussion Topic – A follow-up to the question circulated on the listserv...Have you used 

interpreters and how do you approach confidentiality? Do you need to contact the ombuds office visitor 

before someone interprets a phone message from another language or translates a written document? 

3. COFO Charter 

4. Discussion Topic – Do you use a first in first out system to address inquiries? How do you apply 

that protocol when individuals contact you multiple times a week, or reach out to other avenues as well 

who then contact you? 

5. What Does the Ombuds Do At...? Tom Zrubek, Ombudsman at the U.S. Department of Defense, 

Office of the Inspector General, Office of the Ombuds, will share about his office and answer any 

questions you may have. 

6. Discussion Topic – Does your agency do a good job of setting expectations for employees and/or 

the public? If so, how? Through what avenues? If not, what kind of recommendations have you made 

to change that? 

7. Ombuds Jobs/Upcoming Conferences/Trainings – Kristie Hirschman from the U.S. Ombudsman’s 

Association may join us for a few minutes to share about the upcoming USOA conference in the fall in 

Indianapolis. 

Discussion: 

MEETING MINUTES
2

1. Introductions 

2. Discussion Topic – A follow-up to the question circulated on the listserv...Have you used 

interpreters and how do you approach confidentiality? Do you need to contact the ombuds office visitor 

before someone interprets a phone message from another language or translates a written document? 

You could establish a relationship with an interpreter’s service and have a signed confidentiality 

agreement. Many sign language interpreters follow a code of professional ethics but you could also 

have them sign a confidentiality agreement. If you use a phone service for language translation, have 

them sign a confidentiality form. In the mediation setting, discuss confidentiality with all parties and 

have everyone sign it, including the interpreter. 

What if you receive a voicemail in another language? Again, if you have an established relationship with 

a translation service, ensure that the service follows a confidentiality agreement. Also, the topic of 

confidentiality is included in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) 

and might speak to language translation issues. 

3. COFO Charter 

Recently, a revised COFO charter was sent to COFO members for comment. Once comments are 

received, Scott Deyo will make modifications based upon those comments. If any changes require a 

more formal vote, COFO members will be alerted. Otherwise, a final draft will be sent to COFO 

members to vote for adoption of the revised charter. 

4. Discussion Topic – Do you use a first in first out system to address inquiries? How do you apply 

that protocol when individuals contact you multiple times a week, or reach out to other avenues as well 

who then contact you? 

Most try to stick to first in first out, but sometimes it’s best to first deal with more straightforward, quickly 

resolved cases (e.g., process question) and also prioritize very time sensitive cases (e.g., workplace 

violence). It’s a best practice to set up follow up meetings/communication with contacts so that contacts 

know what/when to expect certain actions. If a third party contacts ombuds on behalf of a complainant, 

the ombudsman educates that person about the value of the primary complainant contacting the 

ombudsman instead of a third party. 

5. What Does the Ombuds Do At...? Tom Zrubek, Ombudsman at the U.S. Department of Defense, 

Office of the Inspector General, Office of the Ombuds, will share about his office and answer any 

questions you may have. 

Tom is a solo practitioner and is an internally facing ombudsman. He serves approximately 1700 

current DoD/OIG. His areas of focus include: 

1. Assistance for employees to develop solutions and resolve workplace concerns and conflicts; 

2. Climate assessments, taking into account employee viewpoint surveys. 

3. Mediation 

4. Recommendations to management (at a monthly meeting) for specific issues and for systemic change. 

Right now, he is working with component heads to remind them of upcoming mid-year performance 

reviews and the importance of preparing effective reviews. More information is available at: 

http://www.dodig.mil/Ombudsman/index.html 

6. Discussion Topic – Does your agency do a good job of setting expectations for employees and/or 

the public? If so, how? Through what avenues? If not, what kind of recommendations have you made 

to change that? 

Ombudsmen can alongside with management to ensure that the messaging is appropriate and visible. 

Some have posters in office area. Can make statements about expectations on public and internal-only 

websites, as well as discussing expectations at new employee training and staff meetings. 
3

7. Ombuds Jobs/Upcoming Conferences/Trainings – Kristie Hirschman from the U.S. Ombudsman’s 

Association may join us for a few minutes to share about the upcoming USOA conference in the fall in 

Indianapolis. 

USOA conference will be held October 28 – November 1, 2013 in Indianapolis, IN, with pre-conference 

sessions on October 28th and 29th. Government employees will receive a discount on the preconference sessions. Location: Indiana Government and Conference Center, about 1 block from the 

host hotel, Courtyard by Marriott: http://www.usombudsman.org/. 

IOA annual conference at the end of April in Miami, FL 

Federal Dispute Resolution conference in July in Orlando, FL 

EEOC Training Institute conference August 26-29 in Denver, CO. 

Mediation tracks are available. (Not sure what this is)... 

Job announcements in CFPB and OPM. 

Decisions/Agreements Reached: none

Action Items: 

 COFO members will send comments/edits to the Charter to Scott Deyo by March 26, 2013. 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: March 20, 2013 / finalized: August 27, 2013 
4

 

Meeting Date: April 10, 2013 

Location: Consumer Financial Protection Bureau 

 

Attendees (Name, Organization): 

Paul Sotoudeh, CFPB/TSA 

Wendy Kamenshine, CFPB, COFO Chair 

Guy Weber, TSA 

Jackie Hoffman, TSA 

Claire Heffernan, TSA 

Robert Harris, FDIC 

Michele Benecke – FEMA

Chuck Rich – formerly at Federal Reserve 

Michele Fennell*, FRB 

King Stablein*, NRC 

Marcia Larkins*, FDA 

Brian Bloch*, DOI 

Karen Leichtnam*, DC Courts 

Monique Bookstein*, FBI 

Steve Cordery*, United Technologies Corporation 

Zach Ulrich*, student 

Joanne Dea*, EPA 

Scott Deyo*, NGA, COFO Vice Chair 

Jeri Walker*, NCUA 

Victor Voloshin*, EEOC 

Roberta Valdez*, FDIC 

Kim Guay*, ATF 

Mark Kriss*, DOT 

Brenda Doty*, FMC 

Noreen Kinnavy*, BBG, COFO Co-Secretary 

Peggy Matthews*, HUD OIG 

Sharon Asar*, CFPB 

Vicki Gilner*, Air Force 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Speaker – Steve Cordery, Corporate Ombudsman, United Technologies Corporation in 

the UK 

3. What Does the Ombuds Do At...? Michele Fennell, Director’s Program Manager & Deputy 

Ombudsman at the Federal Reserve will share about that office and answer any questions 

you may have 

4. Discussion Topic – What is the impact on federal ombuds offices from various budget 

changes as pertains to visitors’ questions/needs and/or the office operations itself? 

5. Discussion Topic – For agencies with more than one ombuds function, what are the 

benefits/challenges? 

6. Discussion Topic – To the extent you meet with individuals or groups in person, what 

space do you use and how do you ensure confidentiality when using that space? 

7. Ombuds Jobs/Upcoming Conferences/Trainings 

 Discussion: 

1. Introductions 

2. Speaker – Steve Cordery, Corporate Ombudsman, United Technologies Corporation in the UK – 

Ruth McWilliams at NASA introduced Ms. Kamenshine to Mr. Cordery who had some interesting 

insights regarding the use of interpretation for people who contact the ombudsman’s office in 

languages other than English. 

Many considerations need to be taken into account when using interpreters as intermediaries for 

presenting an individual’s concerns. Ideally, professional interpreters with personal experience in 

the relevant country should be used, ensuring not just language competence, but also cultural 

knowledge and understanding. This is particularly important in those cultures where an individual 

would be reluctant to correct any mistakes or to let a manager “lose face.” It is helpful to ask about 

MEETING MINUTES
2

the translator’s background in general. When an untrained person with native-level language ability 

serves as an interpreter, they should restate to the constituent their understanding of the concerns 

being raised to validate the translation. If you have further questions on this issue, please contact 

Wendy at Wendy.Kamenshine@cfpb.gov. 

3. What Does the Ombuds Do At...? Michele Fennell, Director’s Program Manager & Deputy Ombudsman 

at the Federal Reserve will share about that office and answer any questions you may have 

Deputy Ombudsman Michele Fennell of the Federal Reserve Board explained that federal banking 

agencies were required by statute to appoint an external ombudsman: 1) to act as a liaison 

between the agency and anyone experiencing problems resulting from regulatory activities; and 2) 

to ensure safeguards for complainants to come forward and preserve confidentiality. The 

ombudsman specialists serve as facilitators/mediators in the resolution of complaints about 

regulatory actions of the Reserve Board or any of its twelve reserve banks located throughout the 

country. The ombudsman also ensures complainants understand the venues available and formal 

processes (i.e., appeals, etc.) involved for resolving their concerns. They also assist in addressing 

any allegations of retaliation. Additional information is available at: 

http://www.federalreserve.gov/aboutthefed/ombudsman.htm

4. Discussion Topic – What is the impact on federal ombuds offices from various budget changes as 

pertains to visitors’ questions/needs and/or the office operations itself? 

No comments from participants. 

5. Discussion Topic – For agencies with more than one ombuds function, what are the 

benefits/challenges? 

Various models of multiple ombuds functions exist in federal agencies, whether separate internal 

and external offices or separate regional offices. Ideally each has a distinct role that can prevent 

any overlap; it’s challenging, yet essential, to publicize and explain the distinct functions both at the 

organizational level as well as to any relevant outside constituencies. In the case of offices that 

share the same function but are physically separate (i.e., regional offices), a system should be 

established to compile relevant statistical data accurately. 

6. Discussion Topic – To the extent you meet with individuals or groups in person, what space do you 

use and how do you ensure confidentiality when using that space? 

Space arrangements for ombudsman offices need to take into account the paramount importance 

of confidentiality. Not only is physical location a consideration—particularly in the interest of 

ensuring privacy for any visitors, but also sound control should be taken into account. Thin walls, 

cubicle spaces, and non-discrete locations undermine guarantees of confidentiality and potentially 

dissuade individuals from consulting with an ombudsman. 

7. Ombuds Jobs/Upcoming Conferences/Trainings 

IOA to hold conference later this month in Miami, Florida. 

USOA to hold conference in the Fall. 

Federal Dispute Resolution conference to be held in July.

Job opening posted on www.USAJobs.gov for an Ombudsman Specialist at the Federal Reserve Board. 

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 
3

 

Meeting Date: May 15, 2013 

Location: The Consumer Financial Protection Bureau and via telephone 

Attendees (Name, Organization): 

Wendy Kamenshine, CFPB Ombudsman, COFO 

Chair 

Virginia Behr, FDA/CDER, COFO Secretary 

Dave Buckles, FDA/CDRH 

Matt McGee, DOI 

Paul Sotoudeh, TSA/CFPB 

Sarah Stanton, Air Force 

Jackie Hoffman, TSA 

Claire Heffernan, TSA 

Ayanna Epps, TSA 

Chuck Rich, formerly of the Federal Reserve 

Sharon Asar, CFPB 

Heather Milner, CFPB 

Guy Weber*, TSA 

Matilda Brodnax*, FEMA 

Bill Maurer*, DOE 

Katie Manderson*, State 

King Stablein*, NRC

Jennifer Gartlan*, FMC 

Noreen Kinnavy*, IBB, COFO Secretary 

Mike Powers*, FHFA 

Stephanie Fast*, DHS-CIS 

Michelle Benecke*, DHS/FEMA 

Robert Harris*, FDIC 

Deb Kearse*, TSA 

Ellen Gallagher*, DHS-CIS Ombudsman 

Pam Pontillo*, DOE 

Zack Ulrich*, student 

Vicki Gilner*, Air Force 

Monique Bookstein*, FBI 

Liz Phillips*, FDA/CPR 

Celeste Merrix*, DHS-FLETC 

Jeri Walker*, NCUA 

Yvonne Hinkson*, Federal Bureau of Prisons 

Sherry Lard-Whiteford*, FDA/CBER 

Tonya Watson*, HUD 

Gordon Talbott*, FDIC 

Craig Cabrera*, TSA 

Tom Zrubek*, DoD IG

Peggy Matthews*, HUD 

Joy Lee*, NCUA 

Eric Hebron, FDA/CPR 

Peggy Gleason*, DHS-CIS Ombudsman 

Scott Deyo*, NGA, COFO Vice Chair 

Marcia Larkins*, FDA/CVM 

Victor Voloshin*, EEOC 

Kadija Athman, National Guard Bureau 

Neal Cohen*, CPSC, COFO Membership 

Coordinator 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Discussion Topic – Data in absolute numbers is always small for an ombudsman’s office. How do 

you demonstrate to the relevant people that systemic issues can have a real impact when the raw 

data is small? 

3. Membership List – Update from Neal Cohen 

4. Discussion Topic – Do you provide case examples when describing situations? If you do so in 

writing, how do you sanitize them so they can tell a story, but ensure that they do not reveal the 

individual who raised the issue with the ombudsman’s office? 

5. What Does the Ombuds Do At... the Transportation Security Administration’s Ombudsman’s 

Office? 

6. Discussion Topic – Technologies helpful in your work 

7. Ombuds Jobs/Upcoming Conferences/Trainings 

MEETING MINUTES
2

Discussion: 

1. Introductions 

2. Discussion Topic – Data in absolute numbers is always small for an ombudsman’s office. How do 

you demonstrate to the relevant people that systemic issues can have a real impact when the raw 

data is small? 

When ombuds first start to see a trend, they may form hypotheses about a potential systemic 

problem. They can test those hypotheses when they research and investigate a problem; that 

allows them to evaluate potential systemic trends and provides stronger evidence to show to the 

relevant people (usually management). 

The ombuds can also explain that a particular problem is likely more widespread than just those 

few cases that triggered evaluation by the ombudman’s office. It might be helpful to point out to 

management that even if just a handful of people reported the problem, it might not be resolved 

without some attention from management. If the issues brought to the ombuds are indicative of a 

larger problem, it’s best to be proactive with solutions in order to save resources (including impact 

on senior management). 

Some tips for the ombuds office: 

 Know the best way to present the issues to management 

o Classic quantitative assessment. Severity x probability = risk. 

o Present illustrative qualitative story if the quantitative story isn’t fully compelling 

 Consider the frequency of complaints and also show the number of man hours spent on 

that particular problem 

 Re-evaluate the way the Ombuds Office collects data and possibly revise data collection 

system in order to capture the most useful information. 

3. Membership List – Update from Neal Cohen 

COFO’s membership list is outdated, so we searched for a cost effective and simple way to update 

it. This morning, an invitation email went out to the listserv, prompting members to update their 

information. The membership list pertains only to Voting Members of COFO. Please note that the 

information will be public information, so members are encouraged to use their general ombuds 

electronic mailbox address in the listing. This membership listing does not change participation on 

the COFO listserv. If you want to be added to the COFO listserv, contact Neal via email at 

NCohen@cpsc.gov 

4. Discussion Topic – Do you provide case examples when describing situations? If you do so in 

writing, how do you sanitize them so they can tell a story, but ensure that they do not reveal the 

individual who raised the issue with the ombudsman’s office? 

If ombuds want to disclose details about a case, request permission from that individual or entity. 

Once a specific case is resolved, ombuds can ask the complainants to write an executive summary 

of the programmatic problems they’ve experienced in order to share it with management; 

management is often interested in stakeholder’s perspective. The ombuds can also write a brief 

summary of problems to give to management. If the ombuds office has several staff members, ask 

them to review all written materials to make sure that no confidential information is shared. 

5. What Does the Ombuds Do At...? Claire Heffernan and Jackie Hoffman will be sharing about the 

Transportation Security Administration’s Ombudsman’s Office 

TSA provides screening when going through airports and employs about 60,000 people. The 

Ombudsman’s Office was created ten years ago by the TSA head administrator. The Office reports 

to the assistant administrator and serves TSA employees and federal marshalls with non-EEO 

complaints. Most contacts are internally focused and geographically dispersed. The Office provides 

quarterly and annual reports to the top administrators, as well as airport-specific reports. 
3

The Office recently began an external function to serve passengers who have questions or 

complaints about security screening done at the airport. The Office does not afford confidentiality to 

public contacts unless it is specifically requested. Most airports have a customer service manager. 

The ombuds can visit airports to talk with staff, facilitate discussions, or assist with other solutions. 

6. Discussion Topic – Technologies helpful in your work 

Neal Cohen is researching potential technologies for their utility in tracking cases and constituent 

contacts. Customer Relationship Management (CRM) is a term used for the use of technology to 

manage interactions between an entity and its clients (consumers, etc.). For an ombudsman’s 

office, it can be important to have an audit trail and monitor the frequency of contacts from 

individual callers. Neal is considering cloud-based solutions because they are flexible and 

inexpensive. However, any technology for government use must be certified by FedRamp. Do other 

ombudsmen have recommendations for secure systems? 

The discussion then turned to use of other types of technology useful in other areas of ombuds 

work. For example, ombudsmen use video-coaching sessions when face-to-face not possible. 

GoTo Meeting and Adobe Connect are widely used for hosting meetings when participants cannot 

all meet in one place. A tremendous number of useful technology options were presented at a 

session during the ABA Spring Dispute Resolution Conference. 

7. Ombuds Jobs/Upcoming Conferences/Trainings 

USOA conference (http://www.usombudsman.org) will be held October 28 – November 1, 2013 in 

Indianapolis, IN. Location: Indiana Government and Conference Center, about 1 block from the 

host hotel, Courtyard by Marriott. 

Federal Dispute Resolution conference in July in Orlando, FL 

Scott Deyo, Heather Milner, and Peggy Matthews shared experiences at IOA conference held in 

April. 

Decisions/Agreements Reached: none

Action Items: 

 COFO members will email Neal Cohen if they have ideas for use of technology for tracking 

cases and identifying frequent visitors. 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: May 15, 2013 / finalized: August 27, 2013 
4

 

Meeting Date: June 12, 2013 

Location: Consumer Financial Protection Bureau 

 

Attendees (Name, Organization): 

Julie Jones – DIA 

Haley Hensen – DIA 

Guy Weber – TSA 

Todd Remusat – TSA 

Sarah Stanton – Air Force 

Paul Sotoudeh – TSA/CFPB 

Wendy Kamenshine – CFPB, COFO Chair 

Peggy Matthews – HUD OIG 

Noreen Kinnavy – IBB*, COFO Co-Secretary 

Jerry Holloway – HUD*

Emilie O’Malley – FRB* 

Emily Albertson – FRB* 

Victor Voloshin – EEOC* 

Mona Lease – student* 

Dave Buckles – FDA* 

Mollie Berg – NGA* 

Scott Deyo – NGA*, COFO Vice Chair 

Virginia Behr – FDA*, COFO Co-Secretary 

King Stablein – NRC*

Sheryl Brown-Norman – ODNI* 

Matt Magee – DOI*

Mike Powers – FHFA*

Matilda Brodnax – FEMA* 

Stephanie Fast – DHS* 

Monique Bookstein – FBI* 

Shawn Seliber* 

Brian Bloch – DOI*

Melissa Johnson – contractor for Department of 

Education* 

Jeri Walker – NCUA* 

Shireen Dodson – State* 

Yvonne Hinkson – BOP* 

Sharon Asar – CFPB* 

Joanne Dea – EPA*

Darlene Smith – USDA* 

Roberta Valdez – FDIC* 

Marcia Larkins – FDA* 

Mindy Bickel – USPTO* 

Heather Milner – CFPB* 

Katie Manderson – State* 

Andrea Brown – State* 

Pam Pontillo – Energy/NARA* 

Reggie McKinney – DHS* 

Jennifer Gartlan – FMC* 

Maggie Blunk* 

Riley Barrera – Air Force* 

Kim Guay – ATF* 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Discussion Topic -- Picture this... You close an inquiry and if you created records the clock to 

destroy those records has begun. Some time passes and the person returns on the same issue. 

What do you do? Record as a new inquiry? Not? Stop the clock for records destruction and start 

again? Maybe not? 

3. Membership List/Listserv -- an update 

4. Request from the Interagency ADR Working Group – Information gathering on ADR programs 

5. Discussion Topic -- How to distinguish an existing ombuds office from the new whistleblower 

ombuds function? 

6. CoFO's Annual Conference 2013 - an update 

7. Discussion Topic – Do you have an agency acquisition ombudsman? Is it a rotating duty? Is it 

someone who has other duties at the same time? 

8. Discussion Topic – What has been your experience in using academia for short-term research 

projects? 

9. Ombuds Conferences, Trainings, and Jobs 

Discussion: 

1. Introductions 

MEETING MINUTES
2

2. Discussion Topic -- Picture this... You close an inquiry and if you created records the clock to 

destroy those records has begun. Some time passes and the person returns on the same issue. What 

do you do? Record as a new inquiry? Not? Stop the clock for records destruction and start again? 

Maybe not?

There is no clear-cut answer, and decisions about statistics in these cases present challenges in terms 

of establishing effectiveness of an agency’s response or resolution of an issue. The overall caseload of 

an office is a consideration, with larger offices generally requiring precise deadlines to close cases; they 

are more likely to count the visitor and issue as being new. A smaller office can more easily account for 

a repeat visitor when the same issue resurfaces; they are more likely to avoid duplicating the visitor and 

issue in any statistical records. However, most offices, regardless of size, count visitors and issues as 

new if a case has been closed and the returning visitor has a different issue, or the same issue, but 

involving different parties. 

3. Membership List/Listserv -- an update 

There are two separate CoFO lists: 1) a membership list for the CoFO website which is limited to 

practicing federal ombuds, and 2) the CoFO listserv, open to all professionals interested in ombuds 

work and ADR issues in general. CoFO members who would like their information published on the 

website should respond to a recent electronic invitation or contact the CoFO Membership Coordinator, 

Neal Cohen, at ncohen@cpsc.gov. The website address is: 

http://federalombuds.ed.gov/federalombuds/index.html. (No action is required to remain on the CoFO 

listserv.) 

4. Request from the Interagency ADR Working Group – Information gathering on ADR programs 

The Interagency ADR Working Group is gathering data on conflict resolution related statistics. Also, for 

those members within agencies that have ADR programs not represented in CoFO, please consider 

whether or not they might have useful statistics. If yes, ask them to provide the data. 

5. Discussion Topic -- How to distinguish an existing ombuds office from the new whistleblower 

ombuds function? 

Wendy and Scott attended two meetings with a recently formed group of OIG whistleblower ombuds. 

Also known as whistleblower protection ombudsman—or WPO, it is a new position now required by 

statute for IG offices. The role and standards of a federal ombuds and the WPO’s are distinct. Since 

many agencies will now have both types of ombuds, albeit operating in distinct roles and following 

different standards, the use of the term “ombudsman” presents a potential source of confusion for 

agency employees. Whistleblower ombuds have an educational role within OIG’s, explaining to 

interested parties what constitutes whistleblowing as well as the laws governing whistleblowing and its 

protections. As these new positions expand, it is important for visitors to understand the distinction, 

primarily with regard to whistleblowing versus the traditional ombuds role of active conflict resolution. 

Outreach between ombuds offices, WPOs, and agency employees is critical to avoid confusion about 

available resources and the ombuds’ unique roles. 

6. CoFO's Annual Conference 2013 - an update 

Planning for the annual conference is underway; any suggestions are welcome (contact Scott Deyo at 

Scott.M.Deyo@nga.mil or Neal Cohen at NCohen@cpsc.gov). The conference will be held at the US 

Patent and Trademark Office, September 30. 

 

7. Discussion Topic – Do you have an agency acquisition ombudsman? Is it a rotating duty? Is it 

someone who has other duties at the same time? 

Group members shared that duties associated with an acquisition ombudsman tend to be part-time and 

covered by an individual under a wide variety of job titles associated with contracting responsibilities. 

The Air Force would like to share training resources with other agencies to support those assigned to 

handle complaints related to acquisition/contracting issues. If your agency is interested, please contact 

Sarah Stanton at Sarah.Stanton@pentagon.af.mil. 
3

8. Discussion Topic – What has been your experience in using academia for short-term research 

projects? 

Several universities (Harvard, Pepperdine, George Mason, Eastern Mennonite and others) offer 

students credit for working with and conducting research about ombudsman offices. Federal ombuds 

and other ADR professionals who have hosted students generally found the experience helpful and 

rewarding. In deciding whether to pursue such a research project, ombuds offices should take into 

account that it is labor intensive and requires students be fully embedded in your operations, with 

access to top leadership. Occasionally travel expenses, or other compensation, might be expected. 

9. Ombuds Conferences, Trainings, and Jobs 

Training 

IOA, Professional Development Courses to be offered July 8-12 in Phoenix, Arizona. 

Jobs 

Air Force: Alternative Dispute Resolution (ADR) Program Officer Manager 

https://www.usajobs.gov/GetJob/ViewDetails/345268700

Minutes preparer: Noreen Kinnavy / Virginia L. Behr 
4

 

Meeting Date: July 17, 2013 

Location: The Consumer Financial Protection Bureau and via telephone 

 

Attendees (Name, Organization): 

Wendy Kamenshine, CFPB Ombudsman, COFO Chair 

Matt Magee -- DOI 

Frederick Whittington, Bureau of Printing and 

Engraving 

Guy Webber, TSA 

Jackie Hoffman, TSA 

Paul Sotoudeh, TSA, CFPB 

Chuck Rich, formerly of the Federal Reserve 

Claire Heffernan, TSA 

Virginia Behr*, FDA/CDER, COFO Secretary 

Noreen Kinnavy*, IBB, COFO Secretary 

Tom Zrubek*, DoD IG

Karen Leichtnam.*, DC Superior Court 

Karen Asaro*, FEMA ADR 

Dave Buckles*, FDA/CDRH 

Robert Harris*, FDIC 

Benita Swan*, FDIC 

Davina McCray*, FDIC 

Robert Brown*, FDIC 

Eric Raines, FDIC 

Brian Bloch*, DOI 

Andrea Brown*, Dept of State 

Shireen Dodson*, Dept of State 

Katie Manderson*, Dept of State 

Cathy Barchi*, DOE 

King Stablein*, NRC 

Leah Meltzer*, SEC 

Julie Jones*, Defense Intelligence Agency 

Kim Guay*, ATF 

Sheryl Brown-Norman*, ODNI 

Heather Milner, CFPB 

Jeri Walker*, NCUA 

Jerry Holloway*, HUD 

Roberta Valdez*, FDIC 

Scott Deyo*, NGA, COFO Vice-Chair 

Mona Lease*, student 

Rita Franklin*, DOE 

Bill Maurer*, DOE 

Ayanna Epps*, TSA 

Joy Lee*, NCUA 

Victor Voloshin*, EEOC 

Laurie Lenkel*, FDA 

Neal Cohen*, CPSC, COFO Membership Coordinator 

Marcia Larkins*, FDA/CVM 

Jennifer Gartland*, FMC 

Rick Beaumont*, FMC 

Reggie McKinney*, DHS 

Sara Stanton*, Air Force 

Molly Berg*, NGA 

Mindy Bickel*, USPTO 

Stephanie Luckam, American Red Cross 

Jean Whyte, NARA 

* denotes on the telephone 

Agenda/Topics at a Glance: 

1. Introductions 

2. Discussion Topic – How do you convey bad news to someone? Do you have any tips to share for 

conveying difficult information? 

3. Membership List – Update from Neal Cohen 

4. Discussion Topic –Can you share stories or examples of successful outcomes with group 

interventions? Working with groups to address broader agency challenges? 

5. Interagency Alternative Dispute Resolution Workinng Group (IADRWG); Annual Conference 

Update – Scott Deyo 

6. What Does the Ombuds Do At...? Robert Harris and Robert Brown of the internal and external 

ombuds offices, respectively, at the FDIC will share about their offices’ different roles and answer 

any questions you may have. 

7. Discussion Topic – What is your experience in working with a union as an ombuds? 

MEETING MINUTES
2

8. Ombuds Jobs/Upcoming Conferences/Trainings. Kristie Hirschman of the U.S. Ombudsman’s 

Association will share about the upcoming USOA conference and answer any questions you may have. 

Discussion: 

1. Introductions 

2. Discussion Topic – How do you convey bad news to someone? Do you have any tips to share for 

conveying difficult information? 

First, work through your own thoughts and personal reaction to the news and then determine 

whether or not the Ombuds is proper person to relay the information; if yes, decide how best to 

relay the information. During the conversation: 

 Be mindful of your physical safety and read participant behavior. 

 Begin the conversation with information recipient in a comfortable way to enable an open 

conversation. 

 Be direct with the information. 

 Try to focus on next steps and explore pathways towards a positive outcome. 

3. Membership List – Update from Neal Cohen 

The COFO listserv is separate from the COFO membership list. The listserv is open to anyone 

interested in receiving COFO information via email. The COFO membership list includes active 

ombuds in federal agencies who constitute the Voting Membership of COFO. Contact 

NCohen@cpsc.gov if you want to be added to the listserv and/or membership lists. 

4. Discussion Topic – Can you share stories or examples of successful outcomes with group 

interventions? Working with groups to address broader agency challenges? 

Tips for a successful group intervention/facilitation: 

 Talk to everyone ahead of time to hear the problems and provide some coaching to 

participants about how to approach the intervention/facilitation. 

 Prepare an agenda to create framework to encourage a useful interaction. 

 Put agreements in writing. 

 Do follow up meetings with participants. 

There are many useful tools to assist with accurate assessments, but two were specifically 

cited as useful and efficient: The Five Dysfunctions of a Team by Patrick Lencioni and the 

Thomas-Kilmann Conflict Mode Instrument (TKI). 

5. Interagency Alternative Dispute Resolution Workinng Group (IADRWG); Annual Conference 

Update – Scott Deyo 

IADRWG: The IADRWG is a collection of federal dispute resolution specialists that created a 

working group as required in the ADR Act of 1996. Scott is the COFO liaison to that group. 

Recently, the IADRWG talked about the use of technology (e.g. Adobe Connect software) for 

discussions among dispersed groups. The group welcomes innovative ideas for session topics at 

the April 2014 ABA meeting in Miami. If anyone has a presentation or idea to present, please 

submit a proposal by September 6, 2013. 

Annual Conference Update: Please plan to attend the COFO annual meeting currently scheduled to 

be held September 30, 2013 at the USPTO in Alexandria, VA. Offerings and agenda are similar to 

the 2012 meeting (planned but cancelled due to severe weather). 

6. What Does the Ombuds Do At...? Robert Harris and Robert Brown of the internal and external 

ombuds offices, respectively, at the FDIC will share about their offices’ different roles and answer 

any questions you may have. 
3

Robert Harris serves as the FDIC internal ombudsman for about 7,500 employees. The office 

reports to the FDIC Chairman and was created as an outcome of 2008-2012 FDIC culture change 

initiative. The office is an informal, internal resource to help resolve employee concerns and 

supports and assists management in fostering positive change. The office uses IOA reporting 

categories. 

Robert Brown serves as an external ombudsman at FDIC 

(http://www.fdic.gov/regulations/resources/ombudsman/index.html).

The office,created by legislation, serves as a resource for external constituents to understand FDIC 

decisions or actions and to help them navigate their options. The ombuds listen to complaints and 

questions, explain FDIC decisions or actions, and attempt resolution of disputes if needed. They 

identify systemic problems, propose solutions, and help prepare training to address problems. They 

sometimes meet with bankers and go to bank sites during bank closure to offer assistance. 

7. Discussion Topic – What is your experience in working with a union as an ombuds? 

Be sensitive to the union’s role and their perception of the ombudsman’s role. If appropriate, sign a 

memorandum of understanding. If you have experience with interplay between the ombuds office 

and the union, contact Leah Meltzer at meltzerd@sec.gov or call her at 202-551-5183. 

8. Ombuds Jobs/Upcoming Conferences/Trainings 

Kristie Hirschman of the U.S. Ombudsman’s Association shared about the upcoming USOA 

conference to be held October 28-November 1, 2013 in Indianapolis, Indiana. The two preconference workshops will cover the Reid Technique of Investigative Interviewing and new 

ombudsman training (www.usombudsman.org). 

Jobs: CFPB and NGA have associate ombudsman openings. 

Decisions/Agreements Reached: none

Action Items: 

 Contact Neal Cohen to be added or removed from the COFO listserv or membership lists. 

 Contact Leah Meltzer if you have experience working with unions. 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: July 18, 2013 / finalized: August 27, 2013 
4

 

Meeting Date: November 13, 2013 

Location: The Consumer Financial Protection Bureau and via telephone 

Attendees (Name, Organization): 

In Person 

Wendy Kamenshine – CFPB, Chair 

Chuck Rich – formerly at FRB 

Bronwen Blass – interest in federal ombuds 

Guy Weber – TSA 

Sharon Asar – CFPB 

Jackie Hoffman – TSA 

Rebecca Fenneman – FMC 

Nicole Berkes – EPA

Jennifer Gartlan – FMC 

Phone 

Katie Manderson – State 

Shireen Dodson – State 

Andrea Brown – State 

Julie Smith – State 

Ayanna Epps – ATF 

Jeri Walker – NCUA

Joanne Dea – EPA

King Stablein – NRC

Joy Lee – NCUA

Kirsten Mitchell – OGIS 

Khadija Athman – National Guard Bureau 

Cathy Barchi – Energy 

Monique Bookstein – FBI 

Lindsay Lamarre – interest in federal ombuds 

Grace Chau – former intern at NIH 

Noreen Kinnavy – IBB, Co-Secretary 

Celeste Merrix – FLETC 

Dawn Bedlivy – NSA 

Felicia Bunns – Energy 

Gene Greene – retired from Dept of Ed, now with 

American Student Assistance 

Roberta Valdez – FDIC 

Shawn Seliber – interest in federal ombuds 

Virginia Behr – FDA, Co-Secretary 

Davida McCray – FDIC 

Robert Harris – FDIC 

Yvonne Hinkson – BOP 

Sherry Lard – FDA

Marcia Larkins – FDA

Susan Terry – DIA 

Reggie McKinney – DHS

Tangita Daramola – HHS

Neal Cohen – CPSC, Membership Coordinator 

Eric Raines – FDIC 

Tom Zrubek – DODIG 

Dale Shaw – USPTO 

Jerry Holloway – HUD 

Mona Lease – student 

Kara Sarsee 

Peggy Matthews – HUD IG 

Kathy Breeden – DOT 

Benita Swann – FDIC 

Agenda/Topics at a Glance: 

1. Introductions 

2. Annual Conference 2013 

3. Discussion Topic – Did people reach out to your ombuds office before/after the recent government 

closure with new/different issues? How was your office able to assist? 

4. Discussion Topic – Does your office work with other ADR resources that your agency may offer the 

public or employees? For example, the Administrative Procedure Act provides for ADR, but who 

provides those services? 

5. What Does The Ombuds Do At.... the DHS National Cybersecurity and Communications Integration 

Center? Reggie McKinney of the DHS National Cybersecurity and Communications Integration 

Center will share about his role and answer your questions. 

6. COFO Elections 

7. Do you have suggestions for what to include or not include as performance measures for your 

individual performance plan? 

8. Does your office offer climate surveys to understand the inner workings of an office either as an 

internal or external ombuds function? 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

MEETING MINUTES
2

Discussion: 

1. Introductions 

2. Annual Conference 2013 

Thank you to the planning committee and to all those who attended. It was a great success! 

3. Discussion Topic – Did people reach out to your ombuds office before/after the recent government 

closure with new/different issues? How was your office able to assist? 

Many ombuds offices were closed during the government shutdown in October. For those offices 

that remained open, there was a reduction in contacts because many customers mistakenly thought 

the offices were closed. For those that did close, there was much activity to prioritize and triage 

both before and after the shutdown. Contractors were still operational, so functions didn’t 

completely halt for those ombuds who use contractors. 

4. Discussion Topic – Does your office work with other ADR resources that your agency may offer the 

public or employees? For example, the Administrative Procedure Act provides for ADR, but who 

provides those services? 

One possibility is to coordinate between internal ADR and external ADR groups for some outreach 

activities. Some externally facing ombudsmen do manage internal issues when the conflict involves 

a professional difference of opinion. 

5. What Does The Ombuds Do At.... the DHS National Cybersecurity and Communications Integration 

Center? Reggie McKinney of the DHS National Cybersecurity and Communications Integration 

Center will share about his role and answer your questions.

Reggie is a newly appointed internal ombudsman at DHS; it’s a new role and the ombuds charter 

was recently approved. The organization is made up of about 350 employees, primarily cyber 

security professionals. They work with other federal agencies and also private industry. In a highly 

competitive field, retention of valuable employees is a challenge. Providing ombuds services is one 

way to help with employee satisfaction and agency functioning. 

6. COFO Elections 

A nominations request and subsequent elections for the Executive Committee are coming up soon. 

If anyone is interested in holding a position, a nomination is required. A few more volunteers for the 

Election Committee are needed. Please note that those running for a position cannot be on the 

Election Committee. 

7. Do you have suggestions for what to include or not include as performance measures for your 

individual performance plan? 

We discussed this topic about one year ago. 

Some elements will, by their nature, only lend themselves to qualitative measures and not 

quantitative measures. For example, systemic issues brought to management may be described 

qualitatively. Leadership and ombuds supervisors can change often, so it’s important to ensure that 

new leadership understands the ombuds role and mission. 

Outreach is an important element to give more prominence. If possible, tally the number of 

customers reached during outreach efforts. Alternatively, track the number of outreach events and 

identify new, unique events. 

Some offices use metrics to report response times, resolution success, and client satisfaction. Note 

though that a client satisfaction survey is problematic because those who respond to the survey 

tend to be those who are either very satisfied or unsatisfied. The suspected middle range of 

satisfaction is likely missing. 
3

8. Does your office offer climate surveys to understand the inner workings of an office either as an 

internal or external ombuds function? 

It was reported that Scott Deyo (not present) has performed climate surveys. Others shared some 

of Scott’s tools. Questions to ask: What is going well and why? What is not going well and why? 

What improvements would you make, or, where are the greatest opportunities for improvement? 

You can use OPM’s survey questions (and sometimes results) as a starting point. The results may 

be old information and might not fully inform the ombuds of the current problems, but the categories 

are useful. It was recommended that the ombuds do a group exercise to figure out what areas need 

improvement. Then give responsibility for actionable items to specific individuals and follow up. 

9. Ombuds Jobs/Upcoming Conferences/Trainings 

None identified. 

Decisions/Agreements Reached: none

Action Items: 

 If interested in serving on the COFO Elections Committee, contact Wendy Kamenshine. 

Minutes preparer: Virginia L. Behr / Noreen Kinnavy 

Date drafted: November 13, 2013 / finalized: December 26, 2013 
1 

MEETING MINUTES 

Meeting Date/Time: May 14, 2014, 1:30pm – 3:00pm 

Location: Environmental Protection Agency (EPA), William Jefferson Clinton Building 

North, Conference Room 6013 

Agenda/Topics at a Glance: 

1. Interagency ombudsman collaboration 

2. CoFO engagement and outreach 

3. Ombuds Value Project 

4. 2014 Annual Meeting Committee 

5. Anti-Bullying Policy 

6. USOA Conference 

7. CoFO Membership List and Listserv 

Mr. Deyo opened the meeting with a welcome to all members and a thanks to the outgoing 

COFO executive committee members. He reflected on the contributions of the participants 

from the 2013 annual meeting, particularly regarding the round-table discussions. Those 

results (attached) have already been informative and will help focus the new COFO 

leadership team and members on future discussion topics, initiatives, and future actions. 

Before summarizing the discussion topics, the COFO Executive Committee would like to 

thank Peggy Matthews, who announced her retirement, for her tireless dedication and 

service to the federal Ombudsman community. 

Discussion Topics: 

1. How can we improve interagency collaboration among ombudsman offices? 

Suggestions included: 

 Expand CoFO’s web presence, such as adding features to the current website, 

establish a presence on LinkedIn, or utilize other social media; 

 Use the Office of Management and Budget website (MAX OMB, 

https://max.omb.gov/) or other venues to exchange ideas and share helpful 

information, such as relevant documents, policies, best practices, etc. 

 Compile sample cases from CoFO members that could be instructive for the 

federal ombudsman community and provide materials or subject matter 

experts in key areas of expertise for both internal and external ombuds; 

 Support new ombuds through shadowing, mentoring, or rotation program 

with experienced ombuds; 
2 

 Sponsor interns/students 

 Develop research agenda and support multi-agency projects 

2. How would you propose to increase engagement and outreach by CoFO? 

CoFO should communicate with and educate current and potential stakeholders of 

the ombudsman profession. Suggestions included outreach to oversight entities, 

academic institutions with ADR programs; IADRWG; the GC community; EEOC; HR 

community; ABA, etc. For external ombuds outreach to the general public is 

particularly important, explaining their role and services available. Opportunities to 

engage with the press on the ombudsman role should also be considered. 

3. Ombuds Value Project. At the 2013 Annual meeting many members expressed 

interest in CoFO communicating the positive value in our collective work. What 

information can you share to help communicate our story? What are the best ways 

to share what we do, how we do it, and its impact? 

Some options included: 

 Share interesting articles 

 Share annual reports and metrics 

 Develop and share measures available to quantify value of ombuds programs 

 Develop and share “your one shining example” that communicates our impact 

4. 2014 Annual Meeting Committee. Those who would like to volunteer in 

planning/organizing the 2014 annual in-person meeting should contact Scott Deyo 

(Scott.M.Deyo@nga.mil) by the first week of June. 

5. Anti-Bullying Policy. CoFO members would be interested in learning about any 

non-EEO related anti-bullying policies or violence prevention in general. If you have 

one or are aware of others, please send a copy to Scott Deyo 

(Scott.M.Deyo@nga.mil) or any other member of the executive committee. 

6. Upcoming United States Ombudsman Association (USOA) Conference 

Dale Shaw is the chair for USOA’s conference scheduled for the week of October 13. 

He would welcome input from members regarding 1) whether you are planning on 

attending, and if so, 2) training or workshops that would be helpful to include for 

federal ombuds. If you have any suggestions, please email Dale.Shaw@uspto.gov. 
3 

7. CoFO Membership List and Listserv

There are 265 people signed up for the listserv, which is great. However, during last 

year’s membership drive, only 72 people responded to be listed as CoFO members. We 

believe there are over 50 practicing federal ombuds who are not listed as members. 

CoFO would like to have a complete list and will refrain from publishing contact 

information upon request. If you are an ombudsman in a federal agency and practice 

according to COFO standards (independent, neutral and impartial, and confidential), 

please contact Guy Weber (Guy.J.Weber@nga.mil) to be added to the membership list. 

Attendees: 

In Person 

Scott M. Deyo, Department of Defense, National Geospatial-Intelligence Agency 

William J. Maurer, Department of Energy 

Noreen Kinnavy, International Broadcasting Bureau, Voice of America, and Office of Cuba Broadcasting 

Andrea Brown, Department of State 

Tangita Daramola, Department of Health and Human Services, Centers for Medicare & Medicaid Services 

Joanne Dea, Environmental Protection Agency 

Phone 

Emily Albertson, Federal Reserve Board 

Virginia Behr, Department of Health and Human Services, Food and Drug Administration 

Mollie Berg, Department of Defense. National Geospatial-Intelligence Agency 

Brian Bloch, Department of the Interior, Special Trustee for American Indians 

Monique Bookstein, Department of Justice, Federal Bureau of Investigation 

David Buckles, Department of Health and Human Services, Food and Drug Administration 

Albert Conerly, Department of Health and Human Services, Food and Drug Administration 

Rená E. Cutlip-Mason, Department of Homeland Security, Citizenship and Immigration Services 

Robert Harris, Federal Deposit Insurance Corporation 

Yvonne Hinkson, Department of Justice, Federal Bureau of Prisons 

Wendy Kamenshine, Consumer Financial Protection Bureau 

Karen Leichtnam, D.C. Superior Court 

Shannon Lynch Walker, National Aerospace and Space Administration 

Katie Manderson, Department of State 

Peggy Matthews, Department of Housing and Urban Development 

Celeste Merrix, Department of Homeland Security, Federal Law Enforcement Training Center 

Heather Milner, Consumer Financial Protection Bureau 

Eric Raines, Federal Deposit Insurance Corporation 

Venita Robinson, National Aerospace and Space Administration 

Dale Shaw, U.S. Patent and Trademark Office 

Julie Smith, Department of State 

King Stablein, U.S. Nuclear Regulatory Commission 

Jeri Walker, National Credit Union Administration 

Guy Weber, Department of Defense. National Geospatial-Intelligence Agency 

Minutes prepared by: Noreen Kinnavy / Andrea Brown 
4 

On September 30, 2013, the Coalition of Federal Ombudsman (CoFO) held its annual conference, 

which was hosted by the U.S. Patent and Trademark Office in Alexandria, Virginia. 

ROUND TABLE DISCUSSIONS 

Using an O.M.B.U.D.S. program evaluation model, participants reflected on challenges and 

opportunities for expanding and improving upon dispute resolution systems within the 

government, including the following topics: 

Opportunities What opportunities are ripe for the profession? 

What are some common, cross-government issues? 

How can we coordinate and support each other? 

Measuring How is success measured by you, visitors, executives? 

How do you communicate value? 

What should you do more of? Less of? Is it effective? 

What should you change? 

Barriers What challenges have you faced this year? How did you deal with it? 

Uncertainties What questions do you have? What do you need help with? 

Development How can we grow as practitioners, offices, and as a profession? 

Strategies As a Coalition, what should we be focusing on? 

What are the most important goals? 

What should we start, continue, and stop doing? 
5 

RESULTS BY “O.M.B.U.D.S.” TOPIC

The following captures the ideas shared in the round table discussions. 

These items can help COFO plan strategies and initiatives for 2014 and beyond. 

 Opportunities Measuring Barriers Uncertainties Development Strategies

What opportunities are ripe for the profession? 

What are some common, cross-government issues? 

How can we coordinate and support each other?

• Members, collectively, need to focus more on interagency collaboration rather than 

focusing on one agency at a time; this will help foster more professional relationships, 

help us be more proactive, and help us identify and recognize larger trends. 

• Increase engagement and outreach with alternative dispute resolution, legal, EEO, and 

other groups; think creatively and reach out to executives and administrators; what 

about outreach to Congress? Not lobbying, just informing; IADRWG did a report to the 

President...why can’t we?

• Develop ways to attract and retain new talent (outreach to schools, internships) 

• Create a career track, mentoring, and coaching 

• We have an opportunity to normalize and make conflict healthy 

• Federal ombuds is a growth industry, but requires somewhat of a culture shift 

• Educate others on the role and process 

• Use technology to educate; allow for anonymous reporting 

• Use colleagues as a resource for feedback/dialogue (wealth of knowledge/experience) 

• Implement peer and case consultations; more in-services 

• New ombuds orientation 

• When groups find that they are in need of an ombudsman office, ex. Sending personnel to 

conferences etc. for ideas 
6 

• Using colleagues as a resource for feedback and dialogue (wealth of knowledge and 

experiences) 

• Become more proactive and get better at recognizing larger trends; focus should be on 

interagency coordination, not just focusing internally 

• Educating others on the term “ombudsman”

• Independence, neutrality & informal resource – perhaps provide publications or a 

rotating column; marketing publicity within COFO 

• Greater communication and sharing of important cases; generic case reports; share the 

most significant case each year; impact on agencies 

• Relationship building: using an ombudsman to improve relationship post EEO case 

• International Ombudsman Association training opportunities 

• Issue of collateral duty 

• Must have buy-in from organization 

• More sharing of best practices 

• Collect trends and patterns – affect decision making and identify risk 

• Figure out how ombuds contribute to the strategic development of the agency it serves 

• Advertise duties/objectives 

• Need more actual ombuds within organizations – most at the tables also have ADR 

positions, do organizational work, but aren’t ombuds

• Opportunity for education about what ombuds does, relationship to ADR 

• External ombuds (by statute) – dealing with external clients issues with agency 

• Deals a lot with morale to get people to talk together to get things done 

• Difficult to keep neutrality 

• Opportunities in many agencies for this role 

• Opportunity to be more consistent in term/title/role, which is thrown around a lot. 

There are many of us with the title and lucky to be doing actual ombuds work. 
7 

However, some are doing ombuds work without the title; some have the title and aren’t 

doing anything that resembles ombuds work. 

• Opportunities to adjust structures so ombuds report directly to agency heads 

• Opportunities to strengthen role in addressing systemic issues and org climate 

• Can you assess whether organizational are “ripe” and ready for an ombuds? Some 

leaders are unwilling to acknowledge organizational climate and systemic issues; some 

ombuds already exist within a resistant culture; how can an ombuds do their job when 

upper management doesn’t want to know what is going on?

• Better use of technology to educate (blog); provide anonymous avenue to share concerns 

• Have senior leaders communicate their perspective on the importance of the ombuds 

role to the organization 

• Trend analysis – consolidation of cases and bringing these bigger issues up to 

management and senior leaders – congress 

• Allowing people to recognize they aren’t alone can be helpful

• Trend sharing amongst agencies/offices – issues, technology, policies 

• How does an ombuds create confidence and trust in time of significant gov’t mistrust? 

• Understanding expectations 

• Foster transparency 

• Learn from the private sector 

 Opportunities Measuring Barriers Uncertainties Development Strategies

How is success measured by you, visitors, executives? How do you communicate value? 

What should you do more of? Less of? Is it effective? What should you change? 

• Members generally agreed that measuring the value of an Ombudsman program is vital 

to its implementation and sustainability in an agency, but that it is inherently 

challenging to determine the most effective means of doing so 

o Are there metrics we can use to show our added value? 

o How do you measure a pattern? 
8 

o Ensure that metrics are also quantifiable which may help to communicate value 

to leadership 

• Standardize metrics across the government, ie: IOA standards; reporting structure 

o Develop a methodology 

o Basis for best practices 

• Possible methods of measuring: evaluations, surveys, focus groups, interviews; need to , 

find out who isn’t using the office and why 

• Annual reports - How to track data across time? Longitudinal data; consistency in data; 

measurement over time 

• Maybe measures in time and cost savings (as compared to EEO, MSPB and other formal 

appeals processes) 

 Opportunities Measuring Barriers Uncertainties Development Strategies

What challenges have you faced this year? How did you deal with it? 

• Management support and motivation to resolve non-EEO complaints 

• Record keeping (how long to keep/when to destroy) 

• Difficulty measuring value 

o Not being quantifiable (as compared to an EEO complaint) 

o The role is not directly (blatantly) central to the mission, but to break down this 

perception, must align self with mission to show how essential the ombudsman 

role is to the organization 

 Parallel with org and strategic plan – set goals early on 

• Liability issues 

• Careful not to put findings as conclusive (when offering an explanation) 

• Fear of the media (bringing certain issues to light that may receive public scrutiny) 

• Education – reassurance that an ombuds is confidential 

• Challenges to ombuds confidentiality 

• Perceptions about neutrality/independence from employees 

• Whether to bring in an ombudsman from inside or outside: 

o Someone internal knows culture of organization, but may not be seen as neutral 
9 

o Someone external can maintain distance and neutrality but may be slow to 

understand org culture 

• Appointing ombudsmen with the right skill sets for the job 

• Demonstrating independence to public by distance – must be self-aware 

• Resource planning and allocation to effectively manage issues identified by ombudsmen 

(demonstrate mission critical helps) 

• Travel – get creative with distributed workforce 

• Managing expectations of agency through role clarity 

• Trend in gov’t towards open workspace is a barrier to discrete/confidential 

communication 

o TSA field employees have different schedules, cannot have phones at 

checkpoints 

o Time zones/24x7 operations 

• Validating work 

• Security – if visitors are seriously agitated 

• How to keep ombuds staff challenged 

• Employment ladder – where do ombuds go? 

• Potential for personal threats 

• Getting an ombuds function created; Getting function located in an independent place 

(direct report to agency head vs. being in general counsel’s office)

o Location in org is critical 

o Challenge and barrier – can you get an independent ombuds office in the 

beginning with out the heft of an existing office? Who will want it? 

• Need to be an “executive” office with a budget – high level 

• Would an ombuds who is at a high level be able to relate effectively to regular workers? 

• Budget – adequate? Independent? Need to be in a position to do what you need to do 

• Budget 

• What we can do and what can you do 

• Work on relationships 

• Who supports you 

• Justice in the eyes from customer 

• The amount of work – oppressive nature of the work 

• Sharing across agencies of best practices – silos and not getting information 
10

• Defining what an ombuds does 

• Measuring success and how to work with only one party 

• Creating a safe space for everyone to come 

• Neutrality 

• Fear of coming forward 

• Technology and the traceability of it 

• Confidentiality – great for those who come but can’t share that info to how we help

• Imminent threat and how we define that 

• How we deal with a barrier? 

o Reinforcing role and managing expectations of those who come to us 

o Explore other options when they are stuck – ask the hard question 

• Our assumptions and what we don’t know

• Structural barrier no full time positions – another collateral duty 

• Self-appointed ombuds in the field and no resources to regulate that due to size of staff 

• Resources! Time, staffing, budget 

• Leveraging technology to be able to have the conversations more regularly (COFO 

website 

• How to start the conversations about issues with an agency? 

• Some offices want to take the work that we are doing because they are solving problem 

and not adhering to the principles – function creep 

• Dealing with culture change in an entrenched system – turning the titanic 

• Funding 

• Strategy 

• Working with media/social media 

• For COFO getting ahead of new “wave” of ombuds, creating standards and sharing best 

practices? 

• Developing consistency in the role of ombuds across the government 

• How to strengthen the coalition? 
11

 Opportunities Measuring Barriers Uncertainties Development Strategies

What questions do you have? What do you need help with? 

• What data to share with management? 

o Focus groups 

o Ask them what would be useful 

o See them as partners 

o Charter 

o Understand what management is trying to establish 

• Ombudsman – meaning, external and internal 

o Ombudsman role clarification 

o Distinction between ombuds office and ADR office? 

• Confidentiality issues 

o When can you involve 3rd parties if at all? 

o What info can you provide to 3rd parties? 

• Education 

o Is it needed? If so, when and how should it be delivered? (Social media seminars?) 

o How to teach and train the workforce 

 Creative ways to reach people without budget 

• Whistleblower ombuds program

o How does it work out practically? Eg. If you tell org. you wish to speak with 

ombuds office, is that not notice? 

• State of the law 

o ADR proceeding, who’s covered

o Case law 

 Which cases are applicable to the work we are involved with? 

 Opportunities Measuring Barriers Uncertainties Development Strategies

How can we grow as practitioners, offices, and as a profession? 

• Teaching/education/outreach 

o Educate caller, visitor re proper office to go to 

o Culture developing to clarify where to go without stigma 

o How do people who create office find out what’s actually needed?

• As practitioners we need opportunities to learn from others 

o Ability to share mistakes in confidence with others and get feedback 

o Peer to peer discussion 
12

o Sustain/communicate with other ombuds in other organization 

o Connecting with non-federal ombuds 

• Rapport development 

o How to develop “trust” with management to provide useful data

o Developing good reporting to management 

• Networking with other components: EEO, grievance, ombuds, OIG 

o Build strong relationships internally with personnel and EEO and Legal 

• Continue to explore ways in which processes can be improved/streamlined 

 Opportunities Measuring Barriers Uncertainties Development Strategies

As a Coalition, what should we be focusing on? 

What are the most important goals? 

What should we start, continue, and stop doing? 

• Marketing 

o Define what your audience or “client” will be/explain tenants

o COFO – get your message out 

• Training 

o What is an Ombudsman? 

o Brochures, websites, e-mail 

o Informing new employees as they come onboard about the ombudsman 

o Formalize ongoing training requirements 

o Offer in-service professional training 

• Greater sharing of resources 

o People may not be as willing to create documents/presentations 

o More willing to share in informal meetings (in-person, telephone, etc.) 

o Inform members of other resources available (adr.gov, IADRWG committee) 

o Collegial organization to promote best practices 
1 

 COALITION OF FEDERAL OMBUDSMAN

Scott M. Deyo William Maurer Noreen Kinnavy Andrea Brown Guy Weber 

 Chair Vice Chair Co-Secretary Co-Secretary Coordinator

MEETING MINUTES 

Meeting Date/Time: June 11, 2014, 1:30pm – 3:00pm 

Location: Environmental Protection Agency (EPA), William Jefferson Clinton Building 

North, Conference Room 6013 

Agenda/Topics at a Glance: 

1. Ombuds Value Project 

2. Outreach with Ombuds Committee, ABA Section of Dispute Resolution 

3. Whistleblower Ombudsman 

4. OMB MAX as a CoFO Collaboration Tool 

5. Responding to Requests for Testimony 

6. Other Announcements/Requests 

Discussion Topics: 

1. Ombuds Value Project 

Mr. Scott Deyo highlighted a recent request inviting CoFO members to participate in the 

Ombuds Value Project by submitting one example (or more) of a success story 

demonstrating the value of the ombudsman role by Friday, July 18, 2014. The narratives, 

written in a way that protects the identity of the agency and individuals involved, will be 

compiled into a reference tool available to the ombudsman and conflict resolution 

community. This project follows a suggestion raised at the 2013 CoFO conference. 

2. Outreach. Scott Deyo shared a request from the ABA’s Section of Dispute Resolution, 

where Mr. Charles “Chuck” Howard, Chair, Ombuds Committee, reached out to CoFO:

“The Committee welcomes participation from professionals in the ombudsman and legal 

communities. We are mindful that there are numerous types of ombuds, using various 

versions of the original “ombudsman” term. We want to extend an invitation for ombudsman 

practitioners of all types to join the Committee. Committee membership is open to anyone, the 

only requirement being that committee members belong to the ABA Dispute Resolution 

Section. Visit the ABA website (http://www.americanbar.org/membership/join_and_renew.html) for 

information on joining the ABA DRS. (Membership is not limited to lawyers). To join the 

Ombuds Committee itself visit: https://apps.americanbar.org/committee_join/ocj_join.cfm?comm=DR. One 

of the goals of the Ombuds Committee is to inform and educate lawyers and the public about 

ombuds programs, functions, and the benefits they provide to organizations and society.”
2 

3. The role of the Whistleblower Ombudsman 

Mr. Robert Storch and Ms. Judy Kleiman of the DOJ Office of the Inspector General 

gave a presentation on the new Whistleblower Ombudsperson Program, 

implemented as a result of the Whistleblower Protection Enhancement Act of 2012. 

The Whistleblower Ombuds understands the role of the OIG from the inside and will 

serve as an educational resource about the OIG’s role and the nature of protected 

disclosures. Agencies that have more than one type of ombudsman need to ensure 

that staff understands the different and unique role of each. 

The entire presentation with relevant links is available in Attachment A. 

4. OMB MAX as a collaboration tool for CoFO. You can learn more about OMB MAX 

at: https://max.omb.gov/maxportal/home.do

Members at the meeting agreed to pursue OMB MAX as a readily accessible 

repository for CoFO members to share resource material. While this option is being 

explored, if you have material that should be included, such as policies, SOP’s, 

ombudsman position descriptions, etc., please email them to Mr. Deyo or other 

members of the Executive Committee. In particular, please consider forwarding any 

charters, sample statutes and policies that could be made readily available for new 

or soon-to-be-established ombuds offices. 

5. Have you ever received a request to testify in a formal proceeding? Do you have a 

plan in place if you are called to testify in a formal proceeding?

Most ombuds resist formal testimony. Sources of support to justify this position can 

include Administrative Dispute Resolution Act (ADRA) and an agency’s General Counsel, 

if the latter supports the principle of ombuds confidentiality. If an agency itself 

(whether through GC or other formal entity) attempts to compel an Ombudsman to 

testify, CoFO members can provide additional information to assist. 

Perhaps the ABA’s Section of Dispute Resolution, Ombuds Committee could provide 

support in this regard. 

6. Other Announcements/Requests: 

a. Mr. Victor Voloshin announced that the Equal Employment Opportunity 

Commission is looking for unpaid interns. They need to write well and preferably 

know about labor law. Please send any resumés to Victor.Voloshin@EEOC.gov. 

b. Ms. Davida McCray, a Pathways intern at FDIC, is interested in meeting other interns 

working in the conflict resolution field. She can be contacted at dmccray@fdic.gov. 

c. There were two recent job announcement: 

 Federal Bureau of Prisons (closed June 27, 2014) 

 Federal Deposit Insurance Corporation (closes July 7, 2014) 

https://www.usajobs.gov/GetJob/ViewDetails/373499500
3 

d. Several ombudsman retired over the past year; CoFO would like to acknowledge them at 

our next annual conference. Please email Mr. Deyo or another member of the Executive 

Committee if you are interested in volunteering to organize the annual conference. 

Attendees: 

In Person 

Emily Albertson, Federal Reserve Board 

Riley Barrar, Department of Defense 

Rolando Bonachea, Student 

Andrea Brown, Department of State

Sheryl Brown-Norman, Office of the Director of National Intelligence 

Scott Deyo, Defense/National Geospatial-Intelligence Agency 

Noreen Kinnavy, International Broadcasting Bureau 

William Maurer, Department of Energy 

Julie Smith, Department of State 

Robert Storch, Department of Justice 

Judy Kleiman, Department of Justice 

 

By Phone: 

Karen Asaro, Department of Homeland Security 

Bedlivy Dawn, National Security Agency 

Virginia Behr, Department of Health and Human Services 

Claire Fheffernan, Department of Homeland Security 

Wendy Kamenshine, Consumer Financial Protection Bureau 

Marcia Larkins, Department of Health and Human Services 

Mona Lease, Student 

Laurie Lenkel, Department of Health and Human Services 

Matt Magee, Department of the Interior 

Katie Manderson, Department of State 

Davida McCray, Federal Deposit Insurance Corporation 

Celeste Merrix, Department of Homeland Security 

Kirsten Mitchell, Office of Government Information Services 

Eric Raines, Federal Deposit Insurance Corporation 

Margie Shanks, Federal Reserve Board 

King Stablein, U.S. Nuclear Regulatory Commission 

Paul Tsotoudeh, Consumer Financial Protection Bureau 

Jeri Walker, National Credit Union Administration 

Guy Weber, Defense/National Geospatial-Intelligence Agency 

Rea Winder, Department of Homeland Security 

Minutes prepared by: Noreen Kinnavy / Andrea Brown
 COALITION OF FEDERAL OMBUDSMAN

Scott M. Deyo William Maurer Noreen Kinnavy Andrea Brown Guy Weber 

 Chair Vice Chair Co-Secretary Co-Secretary Coordinator

MEETING MINUTES 

Meeting Date/Time: August 14, 2014, 1:30pm – 3:00pm 

Location: Environmental Protection Agency (EPA), William Jefferson Clinton Building 

North, Conference Room 6013 

Agenda/Topics at a Glance: 

1. Micro-aggressions “Paper cuts”

2. Announcements 

Discussion Topics: 

1. Micro-aggressions or “Paper cuts” - Andrea Brown of the Department of State 

and CoFO executive committee member engaged participants in a discussion on 

micro-aggressions. During the discussion participants provided examples of what 

they have encountered in their practice and ways/ strategies for handling these 

issues as ombudsman. 

“Micro aggressions are common verbal, behavioral, and environmental indignities, 

whether intentional or unintentional, that communicate hostile or negative slights 

to marginalized groups. Perpetrators of micro aggressions are often unaware that 

they engage in such interactions when they interact with minorities.” (Sue, et al 

Columbia University, Teachers Colleges, 2007). 

The discussion led to strategies that could be used by the ombudsman to assist 

visitors who encounter micro-aggressions. Some of the options include: 

 Creating and providing a safe space to allow one to be heard and raise 

concerns without being dismissed. 

 Assist parties in becoming aware of blind spots (unconscious / conscious 

bias being expressed) utilize assessment tools such as 360, climate surveys, 

or courses in emotional intelligence, etc. 

 Facilitated dialogues with parties. 

 Relationship building engages parties in constructive patterns of interaction. 

 Use of allies in addressing the behavior or slight. 

Further reading, Racial Micro aggressions in Everyday Life, Implications for Clinical 

Practice, by Derald Wing Sue, PhD. 
2. Other Announcements/Requests: 

a. CoFO Conference 2014 – CoFO will hold its annual conference on Tuesday, 

September 30, 2014 8:00 am – 4:30 pm at the U.S. Patent and Trademark 

Office Headquarters, Madison Building, 600 Dulany Street Alexandria, 

Virginia. There is no fee to attend the conference. 

b. Federal Ombudsman Peer Review - Please continue to send your 

comments and feedback regarding the proposed peer review program. The 

goal is to assist programs in assessing whether they are “doing what they 

have set out to do” and to strengthen the professionalism of federal 

government ombuds programs. The peer review process is set up to be 

flexible and voluntary. 

c. Ombuds Value Project - Please submit one example (or more) of a success 

story demonstrating the value of the ombudsman role. The narratives, 

written in a way that protects the identity of the agency and individuals 

involved. They will be compiled into a reference tool available to the 

ombudsman and conflict resolution community. 

d. OMB MAX as a collaboration tool for COFO – there is a cost associated with 

using this tool. CoFO is continuing to look into other options to have a readily 

accessible repository of shared resource material for federal ombudsman.

Attendees: 

In Person: 

Andrea Brown, Department of State

Scott Deyo, Department of Defense - NGA

Tim Rice, Department of Homeland Security – US SS 

Sigal Shoham, Department of Interior 

By Phone: 

Emily Albertson, Federal Reserve Board 

Riley Barrar, Department of Defense - AF

Dawn Bedlivy, National Security Agency 

Mollie Berg, Department of Defense - NGA 

Neal Cohen, Consumer Product Safety Commission 

Albert Conerly, Department of Health and Human Services - FDA 

Joanne Dea, Department of Agriculture 

Ayanna Epps, Department of Homeland Security - TSA 

Janet Freimuth, Department of Energy 

Claire Heffernan, Department of Homeland Security - TSA 

Neal Cohen, Consumer Product Safety Commission 

Wendy Kamenshine, Consumer Financial Protection Bureau 

Matthew Lascell, Department of Defense - NCIS 

Kristina Lauritsen, Department of Health and Human Services - FDA 

Karen Leichtnam, D.C. Superior Court 

Matt Magee, Department of the Interior 

Carrie McGuire, Office of Government Information Services 

Celeste Merrix, Department of Homeland Security - FLETC
Sheryl Brown-Norman, Office of the Director of National Intelligence 

Pamela Pontillo, Department of Energy 

Sarah Roberts, Department of Homeland Security - TSA 

Dale Shaw, U.S. Patent and Trademark Office 

Izabela Solosi, Northern Virginia Mediation Services 

King Stablein, U.S. Nuclear Regulatory Commission 

Yolanda Swift, US Small Business Administration 

Jeri Walker, National Credit Union Administration 

Guy Weber, Department of Defense - NGA

Arthur Wigfall Jr., Department of Homeland Security – TSA 

Joyce Wilson, Federal Housing Finance Agency 

Tom Zrubek, Department of Defense - DoD IG 

Minutes prepared by: Andrea Brown/ Noreen Kinnavy 
1 

MEETING MINUTES 

Meeting Date/Time: May 14, 2014, 1:30pm – 3:00pm 

Location: Environmental Protection Agency (EPA), William Jefferson Clinton Building 

North, Conference Room 6013 

Agenda/Topics at a Glance: 

1. Interagency ombudsman collaboration 

2. CoFO engagement and outreach 

3. Ombuds Value Project 

4. 2014 Annual Meeting Committee 

5. Anti-Bullying Policy 

6. USOA Conference 

7. CoFO Membership List and Listserv 

Mr. Deyo opened the meeting with a welcome to all members and a thanks to the outgoing 

COFO executive committee members. He reflected on the contributions of the participants 

from the 2013 annual meeting, particularly regarding the round-table discussions. Those 

results (attached) have already been informative and will help focus the new COFO 

leadership team and members on future discussion topics, initiatives, and future actions. 

Before summarizing the discussion topics, the COFO Executive Committee would like to 

thank Peggy Matthews, who announced her retirement, for her tireless dedication and 

service to the federal Ombudsman community. 

Discussion Topics: 

1. How can we improve interagency collaboration among ombudsman offices? 

Suggestions included: 

 Expand CoFO’s web presence, such as adding features to the current website, 

establish a presence on LinkedIn, or utilize other social media; 

 Use the Office of Management and Budget website (MAX OMB, 

https://max.omb.gov/) or other venues to exchange ideas and share helpful 

information, such as relevant documents, policies, best practices, etc. 

 Compile sample cases from CoFO members that could be instructive for the 

federal ombudsman community and provide materials or subject matter 

experts in key areas of expertise for both internal and external ombuds; 

 Support new ombuds through shadowing, mentoring, or rotation program 

with experienced ombuds; 
2 

 Sponsor interns/students 

 Develop research agenda and support multi-agency projects 

2. How would you propose to increase engagement and outreach by CoFO? 

CoFO should communicate with and educate current and potential stakeholders of 

the ombudsman profession. Suggestions included outreach to oversight entities, 

academic institutions with ADR programs; IADRWG; the GC community; EEOC; HR 

community; ABA, etc. For external ombuds outreach to the general public is 

particularly important, explaining their role and services available. Opportunities to 

engage with the press on the ombudsman role should also be considered. 

3. Ombuds Value Project. At the 2013 Annual meeting many members expressed 

interest in CoFO communicating the positive value in our collective work. What 

information can you share to help communicate our story? What are the best ways 

to share what we do, how we do it, and its impact? 

Some options included: 

 Share interesting articles 

 Share annual reports and metrics 

 Develop and share measures available to quantify value of ombuds programs 

 Develop and share “your one shining example” that communicates our impact 

4. 2014 Annual Meeting Committee. Those who would like to volunteer in 

planning/organizing the 2014 annual in-person meeting should contact Scott Deyo 

(Scott.M.Deyo@nga.mil) by the first week of June. 

5. Anti-Bullying Policy. CoFO members would be interested in learning about any 

non-EEO related anti-bullying policies or violence prevention in general. If you have 

one or are aware of others, please send a copy to Scott Deyo 

(Scott.M.Deyo@nga.mil) or any other member of the executive committee. 

6. Upcoming United States Ombudsman Association (USOA) Conference 

Dale Shaw is the chair for USOA’s conference scheduled for the week of October 13. 

He would welcome input from members regarding 1) whether you are planning on 

attending, and if so, 2) training or workshops that would be helpful to include for 

federal ombuds. If you have any suggestions, please email Dale.Shaw@uspto.gov. 
3 

7. CoFO Membership List and Listserv

There are 265 people signed up for the listserv, which is great. However, during last 

year’s membership drive, only 72 people responded to be listed as CoFO members. We 

believe there are over 50 practicing federal ombuds who are not listed as members. 

CoFO would like to have a complete list and will refrain from publishing contact 

information upon request. If you are an ombudsman in a federal agency and practice 

according to COFO standards (independent, neutral and impartial, and confidential), 

please contact Guy Weber (Guy.J.Weber@nga.mil) to be added to the membership list. 

Attendees: 

In Person 

Scott M. Deyo, Department of Defense, National Geospatial-Intelligence Agency 

William J. Maurer, Department of Energy 

Noreen Kinnavy, International Broadcasting Bureau, Voice of America, and Office of Cuba Broadcasting 

Andrea Brown, Department of State 

Tangita Daramola, Department of Health and Human Services, Centers for Medicare & Medicaid Services 

Joanne Dea, Environmental Protection Agency 

Phone 

Emily Albertson, Federal Reserve Board 

Virginia Behr, Department of Health and Human Services, Food and Drug Administration 

Mollie Berg, Department of Defense. National Geospatial-Intelligence Agency 

Brian Bloch, Department of the Interior, Special Trustee for American Indians 

Monique Bookstein, Department of Justice, Federal Bureau of Investigation 

David Buckles, Department of Health and Human Services, Food and Drug Administration 

Albert Conerly, Department of Health and Human Services, Food and Drug Administration 

Rená E. Cutlip-Mason, Department of Homeland Security, Citizenship and Immigration Services 

Robert Harris, Federal Deposit Insurance Corporation 

Yvonne Hinkson, Department of Justice, Federal Bureau of Prisons 

Wendy Kamenshine, Consumer Financial Protection Bureau 

Karen Leichtnam, D.C. Superior Court 

Shannon Lynch Walker, National Aerospace and Space Administration 

Katie Manderson, Department of State 

Peggy Matthews, Department of Housing and Urban Development 

Celeste Merrix, Department of Homeland Security, Federal Law Enforcement Training Center 

Heather Milner, Consumer Financial Protection Bureau 

Eric Raines, Federal Deposit Insurance Corporation 

Venita Robinson, National Aerospace and Space Administration 

Dale Shaw, U.S. Patent and Trademark Office 

Julie Smith, Department of State 

King Stablein, U.S. Nuclear Regulatory Commission 

Jeri Walker, National Credit Union Administration 

Guy Weber, Department of Defense. National Geospatial-Intelligence Agency 

Minutes prepared by: Noreen Kinnavy / Andrea Brown 
4 

On September 30, 2013, the Coalition of Federal Ombudsman (CoFO) held its annual conference, 

which was hosted by the U.S. Patent and Trademark Office in Alexandria, Virginia. 

ROUND TABLE DISCUSSIONS 

Using an O.M.B.U.D.S. program evaluation model, participants reflected on challenges and 

opportunities for expanding and improving upon dispute resolution systems within the 

government, including the following topics: 

Opportunities What opportunities are ripe for the profession? 

What are some common, cross-government issues? 

How can we coordinate and support each other? 

Measuring How is success measured by you, visitors, executives? 

How do you communicate value? 

What should you do more of? Less of? Is it effective? 

What should you change? 

Barriers What challenges have you faced this year? How did you deal with it? 

Uncertainties What questions do you have? What do you need help with? 

Development How can we grow as practitioners, offices, and as a profession? 

Strategies As a Coalition, what should we be focusing on? 

What are the most important goals? 

What should we start, continue, and stop doing? 
5 

RESULTS BY “O.M.B.U.D.S.” TOPIC

The following captures the ideas shared in the round table discussions. 

These items can help COFO plan strategies and initiatives for 2014 and beyond. 

 Opportunities Measuring Barriers Uncertainties Development Strategies

What opportunities are ripe for the profession? 

What are some common, cross-government issues? 

How can we coordinate and support each other?

• Members, collectively, need to focus more on interagency collaboration rather than 

focusing on one agency at a time; this will help foster more professional relationships, 

help us be more proactive, and help us identify and recognize larger trends. 

• Increase engagement and outreach with alternative dispute resolution, legal, EEO, and 

other groups; think creatively and reach out to executives and administrators; what 

about outreach to Congress? Not lobbying, just informing; IADRWG did a report to the 

President...why can’t we?

• Develop ways to attract and retain new talent (outreach to schools, internships) 

• Create a career track, mentoring, and coaching 

• We have an opportunity to normalize and make conflict healthy 

• Federal ombuds is a growth industry, but requires somewhat of a culture shift 

• Educate others on the role and process 

• Use technology to educate; allow for anonymous reporting 

• Use colleagues as a resource for feedback/dialogue (wealth of knowledge/experience) 

• Implement peer and case consultations; more in-services 

• New ombuds orientation 

• When groups find that they are in need of an ombudsman office, ex. Sending personnel to 

conferences etc. for ideas 
6 

• Using colleagues as a resource for feedback and dialogue (wealth of knowledge and 

experiences) 

• Become more proactive and get better at recognizing larger trends; focus should be on 

interagency coordination, not just focusing internally 

• Educating others on the term “ombudsman”

• Independence, neutrality & informal resource – perhaps provide publications or a 

rotating column; marketing publicity within COFO 

• Greater communication and sharing of important cases; generic case reports; share the 

most significant case each year; impact on agencies 

• Relationship building: using an ombudsman to improve relationship post EEO case 

• International Ombudsman Association training opportunities 

• Issue of collateral duty 

• Must have buy-in from organization 

• More sharing of best practices 

• Collect trends and patterns – affect decision making and identify risk 

• Figure out how ombuds contribute to the strategic development of the agency it serves 

• Advertise duties/objectives 

• Need more actual ombuds within organizations – most at the tables also have ADR 

positions, do organizational work, but aren’t ombuds

• Opportunity for education about what ombuds does, relationship to ADR 

• External ombuds (by statute) – dealing with external clients issues with agency 

• Deals a lot with morale to get people to talk together to get things done 

• Difficult to keep neutrality 

• Opportunities in many agencies for this role 

• Opportunity to be more consistent in term/title/role, which is thrown around a lot. 

There are many of us with the title and lucky to be doing actual ombuds work. 
7 

However, some are doing ombuds work without the title; some have the title and aren’t 

doing anything that resembles ombuds work. 

• Opportunities to adjust structures so ombuds report directly to agency heads 

• Opportunities to strengthen role in addressing systemic issues and org climate 

• Can you assess whether organizational are “ripe” and ready for an ombuds? Some 

leaders are unwilling to acknowledge organizational climate and systemic issues; some 

ombuds already exist within a resistant culture; how can an ombuds do their job when 

upper management doesn’t want to know what is going on?

• Better use of technology to educate (blog); provide anonymous avenue to share concerns 

• Have senior leaders communicate their perspective on the importance of the ombuds 

role to the organization 

• Trend analysis – consolidation of cases and bringing these bigger issues up to 

management and senior leaders – congress 

• Allowing people to recognize they aren’t alone can be helpful

• Trend sharing amongst agencies/offices – issues, technology, policies 

• How does an ombuds create confidence and trust in time of significant gov’t mistrust? 

• Understanding expectations 

• Foster transparency 

• Learn from the private sector 

 Opportunities Measuring Barriers Uncertainties Development Strategies

How is success measured by you, visitors, executives? How do you communicate value? 

What should you do more of? Less of? Is it effective? What should you change? 

• Members generally agreed that measuring the value of an Ombudsman program is vital 

to its implementation and sustainability in an agency, but that it is inherently 

challenging to determine the most effective means of doing so 

o Are there metrics we can use to show our added value? 

o How do you measure a pattern? 
8 

o Ensure that metrics are also quantifiable which may help to communicate value 

to leadership 

• Standardize metrics across the government, ie: IOA standards; reporting structure 

o Develop a methodology 

o Basis for best practices 

• Possible methods of measuring: evaluations, surveys, focus groups, interviews; need to , 

find out who isn’t using the office and why 

• Annual reports - How to track data across time? Longitudinal data; consistency in data; 

measurement over time 

• Maybe measures in time and cost savings (as compared to EEO, MSPB and other formal 

appeals processes) 

 Opportunities Measuring Barriers Uncertainties Development Strategies

What challenges have you faced this year? How did you deal with it? 

• Management support and motivation to resolve non-EEO complaints 

• Record keeping (how long to keep/when to destroy) 

• Difficulty measuring value 

o Not being quantifiable (as compared to an EEO complaint) 

o The role is not directly (blatantly) central to the mission, but to break down this 

perception, must align self with mission to show how essential the ombudsman 

role is to the organization 

 Parallel with org and strategic plan – set goals early on 

• Liability issues 

• Careful not to put findings as conclusive (when offering an explanation) 

• Fear of the media (bringing certain issues to light that may receive public scrutiny) 

• Education – reassurance that an ombuds is confidential 

• Challenges to ombuds confidentiality 

• Perceptions about neutrality/independence from employees 

• Whether to bring in an ombudsman from inside or outside: 

o Someone internal knows culture of organization, but may not be seen as neutral 
9 

o Someone external can maintain distance and neutrality but may be slow to 

understand org culture 

• Appointing ombudsmen with the right skill sets for the job 

• Demonstrating independence to public by distance – must be self-aware 

• Resource planning and allocation to effectively manage issues identified by ombudsmen 

(demonstrate mission critical helps) 

• Travel – get creative with distributed workforce 

• Managing expectations of agency through role clarity 

• Trend in gov’t towards open workspace is a barrier to discrete/confidential 

communication 

o TSA field employees have different schedules, cannot have phones at 

checkpoints 

o Time zones/24x7 operations 

• Validating work 

• Security – if visitors are seriously agitated 

• How to keep ombuds staff challenged 

• Employment ladder – where do ombuds go? 

• Potential for personal threats 

• Getting an ombuds function created; Getting function located in an independent place 

(direct report to agency head vs. being in general counsel’s office)

o Location in org is critical 

o Challenge and barrier – can you get an independent ombuds office in the 

beginning with out the heft of an existing office? Who will want it? 

• Need to be an “executive” office with a budget – high level 

• Would an ombuds who is at a high level be able to relate effectively to regular workers? 

• Budget – adequate? Independent? Need to be in a position to do what you need to do 

• Budget 

• What we can do and what can you do 

• Work on relationships 

• Who supports you 

• Justice in the eyes from customer 

• The amount of work – oppressive nature of the work 

• Sharing across agencies of best practices – silos and not getting information 
10

• Defining what an ombuds does 

• Measuring success and how to work with only one party 

• Creating a safe space for everyone to come 

• Neutrality 

• Fear of coming forward 

• Technology and the traceability of it 

• Confidentiality – great for those who come but can’t share that info to how we help

• Imminent threat and how we define that 

• How we deal with a barrier? 

o Reinforcing role and managing expectations of those who come to us 

o Explore other options when they are stuck – ask the hard question 

• Our assumptions and what we don’t know

• Structural barrier no full time positions – another collateral duty 

• Self-appointed ombuds in the field and no resources to regulate that due to size of staff 

• Resources! Time, staffing, budget 

• Leveraging technology to be able to have the conversations more regularly (COFO 

website 

• How to start the conversations about issues with an agency? 

• Some offices want to take the work that we are doing because they are solving problem 

and not adhering to the principles – function creep 

• Dealing with culture change in an entrenched system – turning the titanic 

• Funding 

• Strategy 

• Working with media/social media 

• For COFO getting ahead of new “wave” of ombuds, creating standards and sharing best 

practices? 

• Developing consistency in the role of ombuds across the government 

• How to strengthen the coalition? 
11

 Opportunities Measuring Barriers Uncertainties Development Strategies

What questions do you have? What do you need help with? 

• What data to share with management? 

o Focus groups 

o Ask them what would be useful 

o See them as partners 

o Charter 

o Understand what management is trying to establish 

• Ombudsman – meaning, external and internal 

o Ombudsman role clarification 

o Distinction between ombuds office and ADR office? 

• Confidentiality issues 

o When can you involve 3rd parties if at all? 

o What info can you provide to 3rd parties? 

• Education 

o Is it needed? If so, when and how should it be delivered? (Social media seminars?) 

o How to teach and train the workforce 

 Creative ways to reach people without budget 

• Whistleblower ombuds program

o How does it work out practically? Eg. If you tell org. you wish to speak with 

ombuds office, is that not notice? 

• State of the law 

o ADR proceeding, who’s covered

o Case law 

 Which cases are applicable to the work we are involved with? 

 Opportunities Measuring Barriers Uncertainties Development Strategies

How can we grow as practitioners, offices, and as a profession? 

• Teaching/education/outreach 

o Educate caller, visitor re proper office to go to 

o Culture developing to clarify where to go without stigma 

o How do people who create office find out what’s actually needed?

• As practitioners we need opportunities to learn from others 

o Ability to share mistakes in confidence with others and get feedback 

o Peer to peer discussion 
12

o Sustain/communicate with other ombuds in other organization 

o Connecting with non-federal ombuds 

• Rapport development 

o How to develop “trust” with management to provide useful data

o Developing good reporting to management 

• Networking with other components: EEO, grievance, ombuds, OIG 

o Build strong relationships internally with personnel and EEO and Legal 

• Continue to explore ways in which processes can be improved/streamlined 

 Opportunities Measuring Barriers Uncertainties Development Strategies

As a Coalition, what should we be focusing on? 

What are the most important goals? 

What should we start, continue, and stop doing? 

• Marketing 

o Define what your audience or “client” will be/explain tenants

o COFO – get your message out 

• Training 

o What is an Ombudsman? 

o Brochures, websites, e-mail 

o Informing new employees as they come onboard about the ombudsman 

o Formalize ongoing training requirements 

o Offer in-service professional training 

• Greater sharing of resources 

o People may not be as willing to create documents/presentations 

o More willing to share in informal meetings (in-person, telephone, etc.) 

o Inform members of other resources available (adr.gov, IADRWG committee) 

o Collegial organization to promote best practices 
MEETING MINUTES 

Meeting Date/Time: October 15, 2014, 1:30pm – 2:45pm 

Location: Conference Call Only 

Agenda: 

2014 Round Table Discussion Results—What should COFO focus on in the coming year? 

Highlights: 

Chairman Scott Deyo thanked everyone for a successful annual conference and sought 

input from members on the latest version of the round table discussion topics raised 

during the event. 

Among the top picks of meeting participants were the following: 

 Training and Professional Development 

Beyond the formal IOA and USOA training sessions, could COFO’s internal and external 

ombudsman collaborate to provide similar professional development opportunities/ Even 

with the diversity of practice in the federal arena, how can we best network and learn 

from each other? 

Locally available formal training in conflict resolution was also highlighted. 

 Measuring/Demonstrating Effectiveness 

How do we measure and demonstrate effectiveness of function? It can be challenging 

when using an informal and confidential approach to conflict resolution, yet stakeholders 

need a sense of the office’s value to the organization and mission. 

When statistics are used for internal ombudsman, i.e., the number of visitors, issues, etc., 

some could presume an inherent pressure to “drum up” business. For external ombudsman, 

there is frequently a requirement regarding statistical data and reporting requirements.

C O A L I T I O N O F F E D E R A L O M B U D S M A N
The IOA Journal published a piece by Mary Rowe of MIT about measuring impact. That 

edition* also included several other articles on the role of the ombudsman and 

specifically on effectiveness questions. 

 OPM Alternative Dispute Resolution Series 

OPM is considering holding training sessions on ADR, a follow on to a mediation series 

previously conducted in conjunction with Federal Mediation and Conciliation Services 

and human resources specialists. 

 OPM Ombudsman Job Classification/Series 

Should we consider approaching/proposing to OPM the establishment of an ombudsman 

classification and series? This had been a point of discussion previously, with no 

consensus given the varied ombudsman structures in place and other considerations. 

 Unified Model for Ombudman Offices 

An updated, unified model for ombudsman offices could be jointly pursued at the level of 

COFO, ABA and the IADRWG. Sample PD’s would be an important new component to 

include.

 Mentoring Fellow Ombuds 

Do we want to develop a program to pair new federal ombuds with those with more 

experience? Also, would there be an opportunity to work with conflict resolution schools 

and promote interest in the profession. 

 Outreach 

What sort of additional outreach should we conduct? 

 Best Practices 

What are a defined set of best practices and how should we promote them? Examples 

include the role of conflict coaching, internal cultural reviews and other assessments, 

recommended reporting lines, etc. If we were to pursue the ombuds peer review concept, 

interagency service agreements would need to be considered. Meanwhile how do we best 

strengthen current support available through phone calls, visits, resources on the website, 

etc.? 
Reference Material: Round Table Discussion Results, 2014 COFO Annual Conference 

*Journal of the International Ombudsman Association, Volume 3, Number 1, 2010 

Attendees (by phone only): 

Emily Albertson, Federal Reserve Board 

Cortina Barnes, Department of Defense 

Emily Boardman 

Kathy Breeden, Department of Transportation 

Andrea Brown, Department of State 

Meredith Cordisco, Federal Reserve Bureau 

Scott Deyo, National Geospatial-Intelligence Agency 

Jennifer Gartlan, Federal Maritime Commission 

Victoria Gilner, Department of Defense, USAF 

Noreen Kinnavy, International Broadcasting Bureau 

Marcia Larkins, Federal Drug Administration 

Kristina Lauritsen, Federal Drug Administration 

Celeste Merrix, Department of Homeland Security 

Linda Myers, National Institutes of Health 

Liz Phillips, Federal Drug Administration 

Pamela Pontillo, Department of Energy 

Julie Smith, Department of State 

King Stablein, U.S. Nuclear Regulatory Commission 

Jerilynn Walker, National Credit Union Administration 

Jean Whyte, National Archives and Records Administration 

Guy Weber, National Geospatial-Intelligence Agency 

Minutes prepared by: Noreen Kinnavy and Andrea Brown 
MEETING MINUTES 

Meeting Date/Time: November 12, 2014, 1:30pm – 2:40pm 

Location: Conference Call Only 

Agenda: 

1. Year in Review 

2. Discussion on Possible Updates/Recommendations—A Unified Model for Developing an 

Ombudsman Function, May 2006

(http://federalombuds.ed.gov/federalombuds/pdfs/FederalOmbudsGuide.pdf) 

3. Website 

4. Internship and Training Opportunities 

Highlights: 

1. Year in Review 

Highlights included new or expanding ombudsman offices as well as updates on record 

retention issues and ways to address them for internal and external ombudsman. 

2. Discussion on Possible Updates/Recommendations—A Unified Model for Developing an 

Ombudsman Function, May 2006 

The discussion centered on suggestions for updating the Unified Model for Developing an 

Ombudsman Function. 

How do you quantify potential, unrealized costs for cases that do not escalate because of 

ombudsman availability and intervention? What models could we propose? Some 

ombudsman offices categorize cases based on cost avoidance (low/medium/high risk) had 

they escalated to a formal venue. Other supporting documentation can include lists of 

kudos and feedback from visitors (without attribution).

Other items that could be useful include samples of ombudsman position descriptions, 

office charters, and records retention policies. Also important are options for trends 

analysis and tracking specific services and statistics, whether based on IOA’s or USOA’s 

recommendations. How do ombuds present statistical information in a meaningful way, 

while protecting confidentiality? 

C O A L I T I O N O F F E D E R A L O M B U D S M A N
Some suggested additional ways to demonstrate the value of ombudsman offices beyond 

one’s agency, including 1) outreach, if appropriate, to stakeholders outside of one’s 

agency; 2) a COFO annual report compiling available statistics from all ombudsman 

offices, without any agency identifying information; and 3) the convening of a meeting 

with all offices that track cases to generate ideas for a recommended standard. 

3. Website 

The COFO website needs to be updated. Suggestions on what to include and volunteers 

for this project would be welcome. Also, perhaps a Sharepoint site could be established 

for document sharing. 

4. Internship and Training Opportunities 

(See below) 

Attendees (by phone only): 

Emily Albertson, Federal Reserve Board 

Mollie Berg, National Geospatial-Intelligence Agency 

Andrea Brown, Department of State 

Neal Cohen, Consumer Product Safety Commission 

Scott Deyo, National Geospatial-Intelligence Agency 

Victoria Gilner, Department of Defense, AF 

Noreen Kinnavy, International Broadcasting Bureau 

Bill Mauer, Department of Energy 

Tracy McNeil, U.S. Securities Exchange Commission 

Holley Miller, Department of Housing and Urban Development, OIG 

Pamela Pontillo, Department of Energy 

Eric Raines, Federal Deposit Insurance Corporation 

Minutes prepared by: Noreen Kinnavy/Andrea Brown 



UNCLASSIFIED 

MEETING MINUTES 

Date/Time: December 10, 1:30pm – 2:30pm 

Location: Environmental Protection Agency (EPA), William Jefferson Clinton Building North, 

Conference Room 6013 

Agenda: 

A distinguished guest speaker, Dr. Mary Rowe, announced her retirement this year as Ombudsman at 

Massachusetts Institute for Technology (MIT) after having served for four decades in the field of conflict 

resolution. 

Highlights: 

Dr. Rowe served as Ombudsman at Massachusetts Institute for Technology (MIT) for 41 years. She 

provided leadership in the profession, helping to create the Corporate Ombudsman Association, which 

became the Ombudsman Association and later the International Ombudsman Association (IOA). 

Although retired from her role as Ombudsman, she continues to serve as an adjunct professor in the Sloan 

School of Business. Her research interests include topics such as the origin of the Ombudsman office and 

the role of bystanders in cases of bullying and harassment. 

Dr. Rowe shared her work on “bystanders.” She believes that helping bystanders raise issues can help an 

organization build a healthy climate and deal with unacceptable behavior. The discussion revolved 

around the two working draft papers she wrote on this topic and shared with the group. The first paper 

addressed barriers to responsible bystander action and ideas for fostering effective “receptivity” (when it 

is perceived that an organization doesn’t want to hear bad news). The second paper addressed the ways 

that bystanders can help build a climate for high productivity and fewer occasions of unacceptable 

behavior—as well as a climate in which bystanders are more likely to take responsible action. 

Ombudsman can play a critical role in this context in helping bystanders overcome concerns about 

coming forward (safety, resources and options) and possibly lead them to take action. 

Attendees: (in person)

Emily Albertson, Federal Reserve Board 

Mollie Berg, Department of Defense, NGA 

Andrea Brown, Department of State 

Sheryl Brown-Norman, Office of the Director of National Intelligence 

Scott Deyo, Department of Defense, NGA 

Claire Heffernan, Department of Homeland Security, TSA 

Noreen Kinnavy, International Broadcasting Bureau 

Lisa Levine, Department of Justice 

William Maurer, Department of Energy 

Carrie McGuire, Office of Government Information Services, NARA 

Kirsten Mitchell, Office of Government Information Services, NARA 

C O A L I T I O N O F F E D E R A L O M B U D S M A N
Sigal, Shoham, Department of the Interior 

Julie Smith, Department of State 

Paul Sotoudeh, Consumer Financial Protection Bureau 

Yolanda Swift, Small Business Administration 

Alexandria Wolfe, Small Business Administration 

Attendees: (by phone) 

Monique, Bookstein, Department of Justice, FBI 

Albert Conerly, Department of Health and Human Services, FDA 

Tangita Daramola, Department of Health and Human Services, Centers for Medicare & Medicaid Services 

Steve Gadziola, Department of Homeland Security, FEMA 

Victoria Gilner, Department of Defense, Air Force 

Wendy Kamenshine, Consumer Financial Protection Bureau 

Mona Lease, Student 

Tracey McNeil, U.S. Securities and Exchange Commission 

Celeste Merrix, Department of Homeland Security, FLETC 

Heather Milner, Consumer Financial Protection Bureau 

Pamela Pontillo, Department of Energy, Office of Conflict Prevention and Resolution 

Sara Roberts, Department of Homeland Security, TSA 

Mary Rowe, Retired 

King Stablein, U.S. Nuclear Regulatory Commission 

Guy Weber, Department of Defense, NGA 

ReaWinder, Department of Homeland Security 
Some Notes on Peers and Bystanders within Organizations with Respect to Behavior Seen to 

be Unacceptable 

Abstract 

After most unfortunate—or terrible—events, the daily papers remind us that “someone usually 

knew” of problematic behavior by the perpetrator before the event. Scholarly research affirms 

the point.1 

It is evident that peers and bystanders can sometimes make a major difference within 

organizations—in a wide variety of ways. Examples are easy to find. An alert custodian coming 

in to clean a building might notice some unusual trash, or see an unexpected visitor at night, 

and prevent criminal behavior. A salesperson might deter a fellow salesperson from misusing 

company funds or sexually offending someone on a trip. A support staff person might arrange 

in a quiet, professional way to interrupt or re-focus a supervisor as he or she begins a 

frightening tirade against an employee. An information system employee might become 

concerned about the integrity of a fellow employee (and the company IT system) and quietly 

seek advice from the IT security experts. A skilled laborer might notice unsafe behavior at a 

work site and quickly mitigate or prevent effects from the error. Someone might find that the 

name of a minority candidate was unintentionally left off a promotion list, and suggest a new 

corrected list, remediating an error that might have originated in unconscious bias. A manager 

might suspect wrongdoing by another manager, customer, donor or vendor, and take steps to 

stop or report the behavior. 

However, many people hesitate, much of the time, in the face of unacceptable behavior. Except 

in sudden, dangerous emergencies—when some people may act instinctively, without 

consciously thinking about it—people often hesitate before acting on the spot, or reporting 

behavior they perceive to be unacceptable. There are many reasons why people think hard 

about taking action. 

On the other hand, there are many reasons why people do act or report responsibly. With 

respect to both inaction, and action, the reasons are best understood by thinking of bystander 

action as a process that occurs in a context, in this case in the context of a company. The 

bystander process proceeds from: 

1) perceiving behavior that may be unacceptable, to 

2) assessing the behavior, and then 

3) judging whether action is required, and 

4) deciding whether and how to make a particular personal response (or responses). 

 

1

 Fein, R.A., Vossekuil, B., Pollack, W., Borum, R., Reddy, M.,& Modzeleski, W. “Threat assessment in schools: A guide to 

managing threatening situations and creating safe school climates.” U.S. Department of Education and U.S. Secret Service, May 

2002. (E.g., “Targeted violence is the end result of an understandable, and oftentimes discernible, process of thinking and behavior,” 

p. 22.) 
The fourth step may be especially complex. Often there are a great many options. For example, 

some bystanders will engage personally and informally, to prevent, interrupt or stop 

unacceptable behavior, but not (initially) to make a formal report. Some, however, may only be 

willing to make a formal report. Some may not act at all. 

The context for this “bystander process” will almost certainly influence what the bystander will 

do. Context will be especially important before the bystander process begins, and also toward 

the end of the process. The setting in which unacceptable behavior first occurs, the people 

involved, and recent events are part of the opening context. The context toward the end of the 

process includes the resources—and options—that are available to the bystander, and his or 

her perceptions of peers, supervisors, and the management and other authorities. 

Those who are interested in fostering responsible behavior by peers and bystanders have many 

opportunities to influence the context, and every step of the process. Happily enough, success 

in this endeavor may build on success. Known success by one responsible bystander may 

influence the behavior of the next bystander. 

Some Notes on Bystanders 

Bystanders serve an important function in society by preventing, re-focusing, interrupting, 

mitigating, stopping, remediating and reporting unacceptable behavior. However, many people 

hesitate, much of the time, in the face of unacceptable behavior. People often think hard, 

before taking any personal action. They may decide not to take any action about behavior that 

they perceive to be unacceptable.2

 

These notes review some of the many reasons bystanders give, as to why they hesitate, and the 

(fewer) reasons they give as to why they have taken responsible action. 

Some long-standing research about bystander inaction focused on the so-called “bystander 

effect.” 3 This often-cited “effect” is thought to explain why individual bystanders sometimes 

have not acted in a particular (relatively rare) event. Much research has focused on singleincident, dangerous emergencies, in public, with strangers. The traditional research often 

focused on one or two bystander actions: typically physical intervention and/or reporting to 

authorities. 

The apparent failure to take responsible action in such emergencies is often attributed to a 

particular barrier, namely, “diffusion of responsibility.” The effect is thought to be stronger 

when there are more rather than fewer bystanders. 

 

2

 See “Dealing with—or Reporting—Unacceptable Behavior,” Mary Rowe (MIT), Linda Wilcox (HMS), and Howard Gadlin (NIH), in 

the Journal of the International Ombudsman Association, Winter 2009, 2(1). 

3

“Bystander Intervention in Emergencies: Diffusion of Responsibility,” John M. Darley and Bibb Latané, Journal 

of Personality and Social Psychology,1968, vol.8, No. 4, pp 377-383.
As it happens, the particular, often-touted “effect” is not a universal truth about bystanders. 

For one thing, in real life, there are dozens of reasons why bystanders do not act, not just one.4

There also are many reasons why bystanders do take responsible action, and it turns out that 

they do so in many different ways. And finally, even in (stereotypical) single-incident, 

dangerous, public emergencies with groups of people, the famous “bystander effect” does not 

always occur. 5

 

In everyday life bystanders do frequently act, responsibly and helpfully. They do so in many 

informal ways, as well as reporting unacceptable behavior to authorities. For example, a major 

study in Nature6

 illuminated a wide variety of actions taken by scientists who saw problematic 

behavior in labs. (The study was done in institutions funded by US agencies.) 

In recent times a number of institutions, including the armed services, have done focused 

training, to encourage responsible bystander behavior. There is a wide literature on reporting 

safety problems that includes the concept of bystander reporting. Bullying and sexual assault 

are the focus of many programs.7

“Friends don’t let friends drive drunk” is an example of a wellknown attempt, since 1992, to encourage peers and bystanders to prevent drunken driving. 

There are many new initiatives in public and private institutions and associations to help deal 

with “insider threats.”

My own organization has had intermittent bystander training about unacceptable behavior for 

three decades. Programs have focused on topics like harassment, diversity, alcohol use, 

integrity in management education, dealing with the fear of violence, research integrity and 

team behavior. 

In almost every organization, and despite some training to act responsibly in the face of 

unacceptable behavior, it is clear that more bystanders could be more helpful more often. As 

far as one can tell from dozens of everyday articles and newspaper reports, many people in 

every culture still hesitate to act, in a wide variety of situations, when they see unacceptable 

behavior.8

 

 

4

 Rowe, Wilcox and Gadlin, op.cit. 

5

 “Third Parties, Violence, and Conflict Resolution: The Role of Group Size and Collective Action in the Micro-regulation of Violence,”

Mark Levine, Paul J. Taylor and Rachel Best, Psychological Science 2011 22: 406, originally published online 8 February 2011; and 

“Be aware to care: Public self-awareness leads to a reversal of the bystander effect,” Marco van Bommel, Jan-Willem van Prooijen, 

Henk Elffers, and Paul A.M. Van Lange, Journal of Experimental Social Psychology, available online 22 February 2012; and “The 

Responsive Bystander: How Social Group Membership and Group Size can Encourage as well as Inhibit Bystander Intervention,” 

Mark Levine and Simon Crowther, Journal of Personality and Social Psychology (2008) Volume: 95, Issue: 6, 1429-1439.

6

 “Peers Nip Misconduct in the Bud,” Gerald Koocher and Patricia Keith-Spiegel, Nature vol. 466 July 2010. 

7

 See for example Stopbullying.gov: A federal government website managed by the US Department of Health and Human Services, 

200 Independence Avenue, S.W. - Washington, D.C. 20201; and Engaging Bystanders in Sexual Violence Prevention, Joan 

Tabachnick, The National Sexual Violence Resource Center, 2009. The recent White House Report has an excellent section on 

bystander programs: Bystander-Focused Prevention of Sexual Violence, April, 2014. 

8

 As just one example, see “Bullying and the Peer Group: A review,” Christina Salmivalli, Aggression and Violent Behavior 15 (2010) 

112–120. It extensively reviews the literature on bullying among children, concluding that children, as well as adults, generally 

hesitate more often than acting, to stop bullying. 
There are of course wonderful exceptions, as when some individuals react intuitively and 

instantaneously in dangerous emergency situations.9 However, many employees and managers 

have learned, long since, that sticking their necks out may have bad consequences—and they 

fear a wide variety of bad consequences. 

It turns out that there are many bumps in the road, and sometimes side trips, as a bystander 

does or does not proceed to taking action.10 Most bystander behavior is not just an “act;” it is, 

rather, a process. A bystander may or may not progress beyond step one, and also may go back 

and forth from step to step and within a step. Recognition of factors that inhibit action may 

help in designing effective programs to encourage responsible bystanders. Here are some 

common problems listed with each step: 

I: The bystander does not “see” unacceptable behavior 

• An employee or manager working in a new environment may not know enough about 

the work—or the rules—to think about a particular behavior as unacceptable; he or she 

may not even notice that it occurred. 

• A skilled laborer becomes habituated to many kinds of odd behavior that happen very 

frequently in her workplace—or she is too absorbed to notice unacceptable behavior, 

because she is focusing on something else.11

• “Motivational blindness” blocks a manager traveling on business from noticing very 

inhumane behavior; (the manager knows intuitively—below the level of conscious 

thought—that it is not safe or advantageous to “see” this behavior; the behavior is 

therefore not observed or remembered.)12

• A technical expert who moves from one organization to another forgets ephemeral 

glimpses of unacceptable behavior by a charming host, in part because the behavior 

comes and goes very quickly. 

• A non-exempt employee successfully avoids being in the presence of certain 

unacceptable behavior by a supervisor, without consciously thinking about it. 

Two: The bystander cannot or does not judge the behavior 

• An employee or manager from a background that is “non-traditional” for the given 

workplace does not know how to judge the problematic behavior.13

 

9

 Instantaneous actions of this sort—like jumping to save a child who falls from a subway platform—may be what Professor Daniel 

Kahneman would characterize as “System One” actions that occur faster than “conscious” decisions can occur. (Daniel Kahneman, 

Thinking, Fast and Slow, Farrar, Straus and Giroux, 2011.) 

10 See for example, a review of research studies by Christopher Colvin, “An Exploratory Study of the Fundamental Characteristics 

Influencing the Analysis and Communication Activities of Health Care Incident Reporting Systems,” Masters Thesis, University of 

Toronto, 2011, and the ombudsman practitioners’ study by Mary Rowe, Linda Wilcox and Howard Gadlin, op.cit. 

11 Arien Rack and Irvin Rock, Inattentional Blindness, MIT Press, 1998. 

12 Max H. Bazerman and Ann Tenbrunsel use this term in Blind Spots: Why We Fail to Do What's Right and What to Do about It, 

Princeton University Press, 2011.

13 It is very common in all organizations that managers as well as employees may not know or understand all the laws and policies 

relevant to unacceptable behavior. 
• A first level supervisor thinks, “There probably is not much of a problem here,” 

because the problematic behavior is sporadic; he also does not have a clear idea about 

what was happening before he came to the unit, and what the customs are. 

• The apparent perpetrator is highly placed, like a senior manager, or a visiting 

consultant who seems to have a right to act unconventionally; the employee thinks, “My 

judgment must be wrong.”

• The apparent perpetrators are co-workers who were all hired in at the same time; a 

puzzled employee thinks, “This must be OK, my friends are all doing it.”

• A bystander in an isolated workplace is expected by her co-workers to go along with 

problematic behavior, as if, “Of course, it is OK;” in addition, the woman may be talked 

out of any doubts. 

• There may be intangible gains for the bystander, (like getting attention and mentoring 

from a perpetrator), and these gains may seem to cancel the problematic aspects of a 

perpetrator’s behavior. 

Three: The bystander cannot or does not decide if action should be taken 

• A new supervisor who sees something problematic may doubt his own competence to 

know if there should be action. He has no relevant experience, and does not know 

whom he could ask. 

• An employee from a different cultural and ethnic background, who sees problematic 

behavior by a US colleague away from the workplace, has no idea about what can be 

done if it appears that she has no conclusive proof, and no (other) witness. 

• A manager thinks, “Any kind of action will threaten my work unit here, and also the 

whole project.” 

• A supervisor who is on a travel assignment, thinks, “There is no one who is 

competent—and there is no one powerful enough—and no one here that I trust—to 

inquire, investigate, analyze, and fix this.”

• Two systems engineers who notice problematic behavior decide that, “Any action 

would result in too much being done or nothing being done—even just talking about an 

investigation would have bad consequences.” (And, in fact nearly everyone hates 

investigations.) 

Four: The bystander cannot or does not take personal action 

• An employee working in a different culture cannot imagine himself or herself reporting 

unacceptable behavior: “I have been trained from childhood not to attract attention.” 
• An analyst has heard about someone who tried to stop unacceptable behavior at the 

beginning of his project, allegedly with very bad consequences.14

• A manager says, “No one higher up wants to hear bad news. No one is asking to hear 

about problems here. There is no feedback from the company about what happens if 

someone reports another manager. So far as I can tell, no one actually knows if there 

even is a real complaint system, or whether things are just handled by whoever has the 

wheel. Probably most such problems just get ignored.”15

 

• A worker in a nearby unit cannot assess the evidence of behavior next door that she 

thinks may be wrong; she assumes any action will be “his word against mine,” and 

worries that her own competence may be questioned. 

• A support staff person may think taking action is not part of her or his job description; 

“There are other people here senior to me. Surely someone more expert than I will act.”

• An overworked single parent is exhausted: “I am just going to go on keeping my head 

down, and focus on my work.”

• Frightened production workers wish for specific options that do not appear to be 

available: “My supervisor is the only person I could have told, but he is just about to 

leave.” “There is no supervisor in this work unit that I could go to who is from my 

background.” “I could only report if I could do it anonymously.” “I would need to talk it 

over with someone safe before I could take any action but I do not know to whom to go.” 

“I could only do this within an official channel that could guarantee no bad 

consequences, but no one can prevent covert retaliation.” “In my culture I could only do 

this through a back-door, informal route and I do not know of one.” 

• A young supervisor knows that loyalty is everything: “The boss that I report to is the 

problem. But—important people get treated very differently.” 

• A public services worker is wary about giving offense in his very diverse work group: “I 

cannot risk raising a concern about someone from another culture.”

• A young trainee alone in the locker room getting dressed cannot imagine taking action 

by herself: “If only someone else would notice and say something. If only I had 

someone else to act with me.”

• A technical consultant who wants citizenship in the US worries that people will guess 

who reported the behavior if he makes a report about it. He thinks immediately of bad 

consequences: being blamed, losing a visa, being shunned by co-workers, being 

scolded by family back home for sticking his neck out, or subject to a lawsuit. “There is 

no way to prevent covert retaliation. I would be seen forever as a troublemaker and not 

as a professional.” 

• A supervisor has been told by the perpetrator or another bystander not to discuss the 

matter with anyone; she has been threatened, and is scared. 

 

14 See for example, Reuben, E., Stephenson, M., “Nobody likes a rat: On the willingness to report lies and the consequences 

thereof.” J. Econ. Behav. Organ. (2013); and Dyck, A., Morse, A., & Zingales, L. “Who blows the whistle on corporate fraud?” The 

Journal of Finance, 65, (2010). 2213–2253.

15 Many studies make this point, e.g., Colvin, op.cit., p.14, and many ombuds practitioners hear this view. 
Why do some bystanders act or come forward? 

Many bystanders who act responsibly describe socially constructive reasons for coming 

forward. They cite relevant rules and policies, the requirements of their position, a 

responsibility to their profession or work unit, and good friends. Many talk about careful 

training by a good mentor. A senior professional may mention having had good role 

models over the years. 

Some responsible bystanders feel a responsibility toward their faith, the values they 

were taught as children, family honor, or their country. Some want to protect someone 

else. 

It seems probable that some kinds of responsible bystander behavior are very common 

in the mundane world. Many lost items are returned to their owners. People get help 

crossing the street. Strangers help people who drop something. Misdirected packages 

get delivered correctly. Courageous souls sometimes help to direct traffic to undo a 

gridlock. Kind souls move from a good seat on an airplane to help a family; others 

shovel out someone else’s driveway. It is likely that pro-social motives are quite 

common among many people. 

However helpful bystander behavior sometimes occurs for reasons that may appear 

less appealing. Some bystanders are really angry with the perceived offender, and 

happy to drop a dime. Some want revenge or punishment—to get back at a person they 

believe to have harassed them. Some will want to punish a person who reminds them of 

someone who injured them. Some may expect a tangible or intangible reward for 

coming forward. Some want to interfere with the progress of a competitor. Some simply 

feel desperate. 

All these motivations appear to help a bystander overcome the concerns they may 

have, about taking action. 

Taking Action. In general, people are most likely to take responsible action if: 

* They see or hear of behavior they believe to be dangerous, especially if it seems like 

an emergency, and especially if they think that they or significant others are in 

immediate danger;16

* They perceive that an apparent perpetrator intends harm, and especially if that person 

is seen to have hurt or humiliated others; 

* They believe they have powerful or complete evidence, or others will accompany them 

as witnesses if they make a report, and they think they will be believed;17

* There are resources that are seen to be: safe, credible and fair, accessible and easy 

to find:

18

 

16 “The unresponsive bystander: are bystanders more responsive in dangerous emergencies?” Fischer, P., Greitemeyer, T., Pollozek, F., & Frey, 

D. (2006). European Journal of Social Psychology, 36(2), 267-278; and “The Bystander-Effect: A Meta-Analytic Review on Bystander Intervention 

in Dangerous and Non-Dangerous Emergencies,” Fischer et al, Psychological Bulletin, 2011, Vol. 137, No. 4, 517–537.

17 The point is frequently reported by ombuds practitioners. 

18 Mary Rowe and Michael Baker, Harvard Business Review, Vol. 62, No. 3, (May-June, 1984), pp. 127-136, “Are you Hearing 

Enough Employee Concerns? A review of non-union complaint systems in the U.S.” 
 •They know and trust a specific person to go to for advice, especially the 

manager in charge of the work unit;19

•There are trusted access points like EAP, medical department, HR managers, 

security, quality assurance, compliance, or ethics officers, especially if these people are 

known personally; 

•There are “zero barrier” access points, like an organizational ombuds, or 

chaplain—someone with whom they can consult completely off the record—and who 

will help to develop a choice of options for action; 

• There is a Hotline or Dialog Line, that is believed to be safe, and which is 

known to result in effective action; 

•They know how their conflict management system works. Their system has 

more than one option and there is an option in their complaint system that meets their 

particular needs. And they believe—if they decide to report the behavior—that the 

system will take appropriate and timely action.20 

What Can Be Done to Improve the Bystander’s “Context”?

Training is essential. Especially in organizations with very diverse populations and high turnover, 

it is essential to help people learn the rules, definitions of “what is unacceptable and why,” local 

resources, and local options for bystander action.21 It is important that people understand the 

meaning of a “good faith report,” the definition of retaliation, and all company policies and 

procedures with respect to intimidation and retaliation. 

It may help for at least some training to be done issue by issue. Issue-focused training helps 

bystanders know and recognize specific problems and helps to legitimate their taking action. 

Training of bystanders often imparts skills that can be proven to make a difference, (for 

example, CPR training.) Two topics are particularly useful: 

• Safety and harassment are issues of special importance: If an agency or other 

organization is hoping to foster responsible bystander action about “all” unacceptable 

behavior, it may be useful, if relevant to the workplace, to offer specific training with 

respect to abuse and assault, alcohol, bullying, drugs, harassment and safety. This is true 

for a number of reasons. 

Alcohol and drugs are “special issues” because many forms of unacceptable behavior 

are associated with the use of alcohol and drugs and, also, bystanders often know if 

there is misuse of alcohol and drugs. 

 

19 Amy Edmondson and colleagues at Harvard Business School have studied this phenomenon in some depth. 

20 Colvin, op.cit. 

21 See for examples, Randi L. Sims, "Comparing ethical attitudes across cultures," Cross Cultural Management: An International Journal, Vol. 13 

no.: 2 (2006) pp. 101 – 113; Young Sook Moon and George R. Franke, “Cultural Influences on Agency Practitioners' Ethical Perceptions: A 

Comparison of Korea and the U.S;” Journal of Advertising, Vol. 29, No. 1 (Spring, 2000), pp. 51-65. This point is reported in many studies.
Bullying, and other forms of harassment, abuse and assault also are “special issues.” Of 

great importance, a perception of having been harassed or bullied is frequently the 

tipping point for a bystander to take action about any unacceptable behavior. And a 

bystander who is thinking about taking action with respect to a particular offender—

about any form of unacceptable behavior—may be more likely to take action if that

offender is also thought to have harassed people in the past. That is, the perception of 

feeling harassed seems to stick in the mind. 

More generally, there are additional reasons (in the context of seeking to prevent all 

unacceptable behavior) to keep emphasizing the norms that relate to ensuring safety, 

and preventing harassment. Safety, responsible relationships, “supporting the local 

community” and “respect,” may be easier to discuss than misconduct and crime. (The 

idea of whistle blowing often is not kindly received—and nearly everyone hates 

investigations. Supporting the safety and success of a work unit or local group is much 

easier to discuss—and these discussions of course also may serve to establish a social 

norm that makes all unacceptable behavior less likely.)

Finally, discussions about safety and respect are quite common in many organizations 

and in many cultures, and may form a familiar platform for the idea of “see something, 

do something22.” People who are accustomed to thinking about “safe procedures and 

respect for members of the work unit,” as an alternative to safety problems and 

harassment, may be more likely to notice all unacceptable behavior. 

Success stories help. Communicating stories of bystanders—who have acted on the spot to 

stop problematic behavior or who have reported it—may help to support the social norms 

about safety and responsible conduct. It appears helpful to describe responsible bystanders as 

if they are “normal humans who are doing the right thing” through good observation and 

ordinary competence. That is, responsible bystander behavior is not exceptional heroism 

requiring super-human skills. Helpful bystanders should be portrayed as role models easy to 

follow. 

Appeals to several, different, socially positive motives may help. Routine appeals of several 

different kinds may be helpful in connecting with bystanders. It is not just that bystanders are 

all different individuals, even in an apparently homogenous culture. Each bystander may have 

several social identities, only one of which would motivate action, e.g. the honor of our highly 

skilled technical group, the good name of our organization, the safety of neighbors like us, an 

appeal for protection of coming generations, patriotism, requirements of law. 

Complete proof should not be required. It helps for bystanders to know that they do not need 

to have perfect evidence to act, especially if they act informally.23 A belief that “just a hunch 

 

22 Because bystanders often consider a wide range of options other than just reporting to authorities, “See something—do 

something” may be sometimes be more useful than “See something—say something.” But this may need to be combined with a 

longer list of options for the bystander. 

23 Koocher et al, op.cit., make this point in detail, urging bystanders to be willing to act on the spot informally, in many or most 

situations. The “User-Friendly Guide” that accompanied their article in Science could be offered to everyone in labs. 
might be important” can be built into teaching stories and training, with examples of how 

unobtrusive inquiry can be helpful in fixing many problems early on, by informal intervention. It 

should be portrayed as normal, in relevant circumstances, to raise a question, person to person, 

without triggering an earthquake. 

Safe, accessible and credible options need to be understood. People need to know several,

safe and accessible ways: 1) to seek private advice and support, and 2) to report. 

Many people want to talk things over before they decide to take action and before the 

employer is formally involved. Most people prefer a trusted, local person in charge, or a 

respected in-group “elder.” An ombudsman or chaplain may help. Anonymous help lines may 

help. (Apps for the cell phone are sometimes helpful about bullying and assault.)

Options—and a choice of options—for talking things over, and for reporting, are very important 

to bystanders. Some bystanders will only help if they can take informal action. They may 

consider a great many options. They may be willing to try personally: to prevent or deter, 

question, interrupt, re-direct, mitigate, or remediate unacceptable behavior. They may be 

willing to do this alone—or together with peers. They may try one option—and then another. 

Some will prefer—or later be willing—to take formal action. They may be willing to report 

unacceptable behavior to authorities, as a first step—or as a last resort. They may only be 

willing to report if they can do so anonymously. 

Having a choice of options is, therefore, a major issue for bystanders. This fact can be a 

challenge for employers. Mandatory reporting and mandatory investigation requirements are 

now commonplace, with respect to some issues, for supervisors.24 It is now a leading issue, for 

those who design complaint systems, to meet the challenge of coordinating a complaint system 

so that the benefits of “bystander choice” can survive.

“Receptivity” helps. Many people believe their organization does not really want to hear any 

bad news. Many people automatically distrust the capabilities of organizations to look into, 

investigate and deal with an issue without bad consequences. The credibility of complaint 

managers is key to encouraging bystander reports. This is why local people in charge who are 

trusted are so important as a first point of access. Both employees and managers need to trust 

the person they have gone to for advice, if that person says, “This matter needs to go forward 

to investigation.” 

Competent, impartial investigators help. For the complaint system to be seen as safe and 

credible, investigations need to be to be competent, fair, prompt, thorough and discreet. It is 

important for people to believe that false allegations will be dealt with appropriately, as well as 

good faith concerns. Workers and managers (including senior managers) often do not trust 

what will happen if they report information. 

 

24 The current debates about Title IX requirements in academe, and sexual harassment in corporations, are just two examples. 
Providing information about procedures may help. People in an organization may know very 

little about relevant procedures. An organization needs to communicate frequently and 

consistently about the complaint system, if people are to know what they need to know. This 

requires planning and resources. The challenges here are not simple. 

It is objectively difficult for employers to deal fairly and effectively with reports of unacceptable 

behavior. One reason is that managers rarely receive really good evidence about wrongdoing, 

let alone “all” the relevant evidence. They may hear second-hand stories and fragments of 

stories. It may help to teach employees and managers how to make a report by answering the 

questions: Who, What, When, Where, Why, How, with Whom. 

Managers may lack appropriate training about dealing with ancillary problems, like retaliation, 

complexity and maintaining privacy. For example, they may not know how to prevent or deal 

with concerns of overt—let alone covert—retaliation. Line and staff managers may lack the 

resources they need to deal with complex concerns about unacceptable behavior. (A complex 

concern might have multiple issues, multiple cohorts, and the concern may cross multiple 

organizational and national boundaries. Investigatory and decision-making processes may 

appear to move slowly and awkwardly in complex cases.) And finally, organizations (for many 

reasons) keep personnel actions very private. This means managers may not have “learned 

how,” by hearing about other cases.

Take all these points together and it is easy to see why bystanders do not understand what will 

happen if they come forward. 

Building the credibility of response mechanisms requires giving the people within an 

organization some information about what happens when people report.25 It may be possible 

to create and provide generic communications about how the response mechanisms work, how 

the rights of everyone are taken into account, how long the procedures may take, and what the 

(aggregate) results are. 

Bystanders need care and respect. It is important to respond with care to the interests of 

individuals who come forward to report. It is commonplace to note that a complaint system 

must deal fairly with (allegedly) injured parties and responders. It is not common to have 

thought through the special situation of complainants who are not directly injured parties but 

just bystanders. An organization needs to build the reputation of dealing respectfully, as well as 

fairly and competently, with bystanders who offer information. 

This may be especially important with problematic bystanders. Some people who report 

unacceptable behavior are bewildered or anxious. A bystander—who is doing the right thing by 

reporting—may be very angry or actually seeking revenge—and in fact will only have taken the 

 

25 Christopher Colvin, op.cit.
risk of reporting because of that anger. Women and men who have felt harassed or mistreated 

in the past may be fearful and very upset; they also may believe they are taking additional risks 

in coming forward, and may need reassurance about their safety. 

A Focus on the Future 

We need to know more in this relatively new field. Some organizations are innovating well with 

some of the issues in this paper. Some organizations are collecting data about what works and 

what does not work—data that will be very helpful. We need to know more about bystanders 

who have succeeded with informal and formal options. 

We also need to know about the possible risks of encouraging more bystanders to act. We need 

to know about false allegations, vengeful allegations, and reports based on misinformation. We 

would like to know about employees and managers who give up on trying to change behavior 

they see to be unacceptable, and whether it appears that they may have been correct or 

mistaken in their judgments. Importantly, does retaliation happen a lot, despite good policies? 

Ideally bystanders should have options for addressing unacceptable behavior, in good faith, 

without fearing retaliation, disrespect or disbelief. Training programs, and a systems approach, 

about how to report a concern, how to listen to concerns and complaints—and 

communications about the complaint system, may be able to help. And we should study the 

effects of new programs about bystanders. 
“Bystander” Queries 

To prepare for our discussion of responsible bystander behavior, would you be willing to think about several 

questions? The queries on these three pages are just to provoke our thinking about the roles of bystanders: 1) in 

fostering and affirming exemplary behavior, and 2) in dealing with unacceptable behavior. 

A “Bystander” is: A person who observes or learns about good—or bad—behavior by others, and who is not 

knowingly engaged in planning or executing that behavior. The Bystander typically has no formal role in the 

situation. This person may or may not take action. 

(For these questions, you are the judge of whether the behavior that was observed was “good” or “bad.”)

1. A peer or bystander behaved in an affirming and helpful way: Can you think of times when a 

bystander helped you or someone else that you care about, in a significant way? What 

happened? (Examples: a bystander thought well of something you did, and then unexpectedly 

introduced you to an important job contact or offered you financial help or moral support. Or a 

peer unexpectedly spoke in public about good work you or another had done. Or a peer went out 

of the way to help you with excellent work you were doing.)

2. A peer or bystander came to know of unacceptable behavior and took no action: Can you 

think of times when something unacceptable happened before you came to your present 

employer (XXX), or while you have been at XXX? In brief, what happened—that is, what were the 

issues, in events you know about? 

3. A peer or bystander came to know of unacceptable behavior and took action: In brief, what 

happened and what was done? 
Bystander “mentoring” — to foster and affirm exemplary behavior 

(This page is to illustrate a wide variety of micro- and macro-affirmations offered by peers and bystanders)

 

 Affirming your efforts and your achievements, in expected and unexpected 

discussions with you, with specifics about what you did well 

 Cheerleading for your work, in many discussions with others 

 Coaching, with specifics, to help you when you need to do better, and, with 

specific feedback, helping you to avoid mistakes 

 Confidant, listening for anything you need to talk about 

 Counseling for dealing with dilemmas 

 Developing various different talents you might have or could develop 

 Griot: teaching about your organization, so you learn “how things work” 

 Guarding your interests when you or your team (or your reputation) need some 

protection from irresponsible people 

 Inspiring, to help you define that which is excellent and to develop new goals

 Integrity role model, illuminating the way to deal with ethical dilemmas 

 Master of the subject matter, helping when you get stuck 

 Nominating you behind the scenes for an important task or job or award 

 Opening doors and building bridges, helping you connect, build a network 

 Patron (or benefactor) speaking for you and your team, recruiting and providing 

resources 

 Personal and professional role model, providing an “existence theorem” for you 

on your chosen path 

 Pioneer, showing the way, where there are no road maps 

 Seminal source, providing you with new ideas 

 Teacher or trainer, helping you organize how to learn what you need to learn 

Q. Which kinds of formal and informal mentoring have peers and bystanders provided to you? 

Which have you provided for others? Which might be useful in your organization? 

 
Bystander Interventions with respect to “unacceptable behavior” 

(The reason for this page is illustrate the fact that most bystanders in real life seek options and a choice of options.) 

 Act in such a way that the behavior will come to the attention of managers or 

other authorities, or of routine monitors

 Ask questions, in an direct or indirect fashion

 Consult generically with useful resources, in an direct or indirect fashion

 Deflect or derail the behavior (unobtrusively as with humor, or overtly) 

 Discourage, disparage, deter behavior that is unacceptable 

 Engage others to help you deal with the behavior 

 Instigate or trigger a “generic approach” such as asking for relevant training 

about the problem, without (yet) identifying any individual 

 Interrupt the behavior 

 Mitigate the behavior 

 “Name” the behavior so it does not happen un-noticed 

 Observe the behavior, gathering more information before choosing an option, 

perhaps collecting evidence 

 Prevent the behavior from recurring (e.g. by making the behavior punishable or 

by encouraging positive alternatives that block it) 

 Punish the behavior (at the time or later) or act to see it punished 

 Re-channel plans or persons or resources engaged in unacceptable behavior, for 

example engaging the relevant person elsewhere, removing their access 

 Remediate the behavior, (noticeably or behind the scenes, in an overt way or 

“routinely”) 

 Report the behavior, (alone or with others, once or repeatedly, in writing or orally, 

identifiably or anonymously, formally or informally, immediately or later, with a 

few salient details or with exhaustive information) 

 Stop the behavior

 Stop the behavior and follow up, directly or indirectly, to see that it stays stopped

 Teach others how to identify and assess unacceptable behavior and how to 

report it: “Who, What, When, Where, Why, How, and with Whom?”

 Teach others how to lead and exemplify positive alternatives, (in groups, as 

relevant, or “Each one, teach one; each one, reach one”) to block the 

unacceptable behavior

 Try more than one of these interventions as needed

Q. Which kinds of action have you seen used? Which have you undertaken? Are there options 

of which you or your organization would not approve? 
MEETING MINUTES 

Meeting Date/Time: December 9, 2015, 1:30pm – 3:00pm 

Location: Environmental Protection Agency, William Jefferson Clinton North, Conference 

Room 6013 

Agenda: 

1. Update on the election of Executive Officers 

2. Discussion and vetting of "Program and Practice Standards" for internal ombudsman 

offices; discussion about drafting a similar document adapted for external ombudsman 

3. Role of COFO with respect to proposed legislation establishing new ombudsman offices 

4. Discussion of annual reports and significant accomplishments by members in 2015 

5. Chi Resolutions and ACUS study 

6. Internships/Other Announcements 

Highlights: 

1. Update on the election of Executive Officers 

The nominating committee is in place and nominations for Executive Officers have been 

solicited. Ombudsman working for federal agencies, who are part of the voting 

membership, are eligible to be nominated for these positions. Please review more 

detailed information from the COFO Nominating Committee sent through the Listserv on 

December 1, 2015. The committee members are: Kakeisla Qaasim 

(Kakeisla.Qaasim@cfpb.gov); Stephanie Luckam (Stephanie.Luckam@tsa.dhs.gov); and 

Rea Wynder (Rea.Wynder@fema.dhs.gov). 

If you are interested in nominating someone, including yourself, the deadline for 

nominations is December 14, 2015; the email with final candidates and their biographies 

will be sent the first week in January. 

2. Discussion and vetting of "Program and Practice Standards" for internal ombudsman 

offices; discussion about drafting a similar document adapted for external ombudsman 

How does the draft document work together with IOA, USOA and the ongoing ACUS 

study? The concept evolved from a number of undertakings, including COFO and the 
IADRWG’s work on conflict resolution standards and COFO’s former Standing Up an 

Ombuds Office Subcommittee’s guidelines to assist new offices. This document is an 

extension of that work, hoping to eliminate confusion in terms of the ombudsman role. 

There are examples of ombuds offices established in recent years by statute that don’t 

appear to reflect recognized ombuds standards of practice in the federal government or in 

the private sector. 

We all face challenges, e.g., requests for involvement in investigations or administrative 

proceedings. Although there is no perfect ombuds program, it seemed advisable to have 

a federal source to supplement the standards of IOA and USOA to help new ombuds 

programs establish well-functioning offices. It would not affect who qualifies for COFO 

membership.

Others raised the earlier suggestion of a voluntary review pilot program to assist offices 

and support professionally recognized standards of operation for all of the different kinds 

of federal ombudsman. Another suggestion involved having an outside panel of advisors 

who could provide guidance to ombudsman when faced with a difficult situation, which 

would also be helpful when an ombudsman has been requested to undertake activities 

that conflict with recognized professional standards.

3. Role of COFO with respect to proposed legislation establishing new ombudsman offices 

A bill before Congress would establish an ombudsman within an agency that would 

seemingly function in an advocacy role rather than as a designated neutral. Other similar 

positions, such as the long-term care ombudsman were discussed. Does COFO have a 

role in strengthening the concept of neutrality for ombudsman and is there an appropriate 

way to make any concerns known when legislative proposals arise? At the same time, 

the legislation in question raises the potential benefit of the classical ombudsman model.

4. Discussion of annual reports and significant accomplishments by members in 2015 

Accomplishments for the year included the establishment of a program adopted in 

conjunction with OPM to assist the transition for intermittent employees facing FEHB 

terminations; leadership’s follow through on a recommendation to share publicly an 

agency’s resolutions/settlements for constituents; and the opening of a new ombudsman 

office at DIA. 

5. Chi Resolutions and Administrative Conference of the U.S. (ACUS) study 

Members were updated on the upcoming survey. Chi Resolutions requested that 

everyone be sure to share your contact information with them (at 

lmarx@chiresolutions.com), especially emails and phone numbers that are not easily 

obtained from other sources. The confidentiality of this information, as well as your 

responses to the survey, will be protected. 
The survey of federal ombudsman is planned for January. Each ombudsman office will 

be asked to complete one survey. If an agency has multiple and independently run 

offices, and perhaps different types of ombudsman (e.g., organizational, external, 

acquisition, etc.), that agency would provide a separate survey for each office. This 

applies to subcomponents as well, such as the various offices at FDA. The survey itself 

should be completed on line, presumably by the senior ombuds in a given office. Each 

invitation will have an attachment for “review and preview,” which can be discussed with 

other ombudsman in the office, public affairs or a supervisor, if helpful or appropriate. 

The team requested that it not be sent to anyone beyond that scope. 

The final list of survey participants will specify the agencies to which a survey was sent. 

ACUS will not know which agencies and offices filled out a survey unless a respondent 

provides his or her name, for example, in order to include an innovative practice or other 

helpful information in the final report. Also, an office may request inclusion as a case 

study for the report. There will be no computerized or other tracking of survey 

participants; each office contacted may receive a follow-up after the survey is sent, 

reminding the office to participate or thanking them for participation. 

The ACUS research team is very interested in innovative practices, any notable 

achievements, and recommendations and ideas for the future of federal ombudsman and 

of COFO. 

If any ombuds would prefer, they may talk with the chair of COFO about how to provide 

a survey through another means. If anyone knows of other ombuds offices not 

participating as members of COFO, please share this information research study with 

them and direct them to Lauren Marx, (lmarx@chiresolutions.com), for inclusion in the 

study. 

6. Internships/Other Announcements 

There is a Presidential Management Fellow who is interested in a three-month detail to an 

ombudsman office. If you are interested in hosting the candidate, please contact Scott 

Deyo at Scott.M.Deyo@nga.mil. 

Attendees in person: 

Mollie Berg, Department of Defense 

Scott Kimberley Day-Lewis, Department of Homeland Security 

Scott Deyo, Department of Defense 
Michael Janson, Federal Communication Commission 

Lauren Marx, Chi Associates 

William Maurer, Department of Energy 

Dawn Miller, "Conflict Transformation Associates" 

Julie Smith, Department of State 

Lexi Wolfe, Small Business Administration 

Ella Yeargin, Department of Health and Human Services 

 

Attendees by phone: 

Riley Barrar, Department of Defense 

Virginia Behr, Department of Health and Human Services 

Andrea Brown, Department of State 

Monique Bookstein, Department of Justice 

Shireen Dodson, Department of State 

Ayanna Epps, Federal Deposit Insurance Corporation 

Rita Franklin, Department of Energy 

Claire Heffernan, Department of Homeland Security 

Patrick Holman, Department of Energy 

Noreen Kinnavy, International Broadcasting Bureau 

Jenifer Kirkpatrick, Department of Homeland Security 

Sarah Kith, Department of Homeland Security 

Becky Kurtz, Department of Health and Human Services 

Marcia Larkins, Department of Health and Human Services 

Laurie Lenkel, Department of Health and Human Services 

Carrie McGuire, Office of Government Information Services 

Carla Miller, Department of Justice 

Kakeisla Qaasim, Consumer Financial Protection Bureau 

Sara Roberts, Department of Homeland Security 

Miriam Rodon, National Aerospace and Space Administration 

Mary Rowe, MIT and Chi Resolutions 
Paul Sotoudeh, Consumer Financial Protection Bureau 

Dale Vergott, Department of Defense 

Guy Weber, Department of Defense 

Fred Whittington, Department of Labor 

Rea Wynder, Department of Homeland Security 

John Zinsser, Pacifica Communications 

Tom Zrubek, Department of Defense 
MEETING MINUTES 

Meeting Date/Time: January 14, 2015, 1:30pm – 3:00pm 

Location: Conference Call Only 

Agenda: 

Guest Speaker Daniel Froehlich, Ombudsman for the National Ground Intelligence 

Center, US Army and Intelligence Command 

Highlights: 

 Mr. Froehlich is an attorney for the US Army, with a Bachelor’s in systems engineering 

from UVA, a JD from William and Mary, and an LLM from the Army Judge Advocate 

General’s School, among other academic credentials. After serving as a lawyer in a wide 

range of capacities, Mr. Froehlich was selected to establish an organizational ombudsman 

program for the National Ground Intelligence Center of the US Army Intelligence and 

Security Command. 

Mr. Froehlich shared his experience in building and promoting awareness of the newly 

founded program, working with stakeholders, establishing policy, and drafting a charter 

and mission statement. The discussion with COFO participants revolved around 

traditional issues and questions of concern when establishing a new office, i.e., evaluating 

effectiveness, obtaining training, developing relationships of trust, etc. 

Attendees (by phone only): 

Cortina Barnes, Department of Defense 

Mollie Berg, Department of Defense 

Brian Bloch, Department of the Interior 

Andrea Brown, Department of State 

Felicia Bunns, Department of Energy 

Albert Conerly, Department of Health and Human Services 

Joanne Dea, USDA 

Scott Deyo, Department of Defense 

Tasha Fleming, Federal Bureau of Prisons 

Daniel Froehlich, Department of Defense 

Jennifer Gartlan, Federal Maritime Commission 

C O A L I T I O N O F F E D E R A L O M B U D S M A N
Claire Heffernan, Department of Homeland Security 

Noreen Kinnavy, International Broadcasting Bureau 

Kristina Lauritsen, Department of Health and Human Services 

Mona Lease, Student 

Laurie Lenkel, Department of Health and Human Services 

Lisa Levine, Department of Justice 

Marisa Marinos, National Endowment for the Arts 

Awilda Martinez, Department of Labor 

William Maurer, Department of Energy 

David Michael, Department of Health and Human Services 

Holly Miller, HUD IG 

Pamela Pontillo, Department of Energy 

Eric Raines, Federal Deposit Insurance Corporation 

Tim Rice, Department of Homeland Security 

Sara Roberts, Department of Homeland Security 

Lester Schone, Department of Homeland Security 

King Stablein, U.S. Nuclear Regulatory Commission 

Marc Van Nuys, Department of Defense 

Guy Weber, Department of Defense 

Rea Wynder, FEMA 

Minutes prepared by: Noreen Kinnavy/Andrea Brown 
MEETING MINUTES 

Meeting Date/Time: February 11, 2015, 1:30pm – 2:30pm 

Location: Conference Call Only 

Agenda: 

1. Guest Speakers David Pritzker, Deputy General Counsel and Connie Voglemann, 

Attorney Advisor from Administrative Conference of the United States Office of the 

Chairman, (ACUS) 

2. Interagency Alternative Dispute Resolution Working Group (IADRWG) update 

3. Upcoming training and opportunities 

Highlights: 

1. Bill Mauer, COFO vice chair opened up the meeting introducing the guest speakers. 

David Pritzker, Deputy General Counsel and Connie Voglemann, Attorney Advisor from 

Administrative Conference of the United States Office of the Chairman, (ACUS) are 

proposing to conduct a study of federal ombudsman [or the role of federal ombudsman] 

and make recommendations to the President, Congress, departments and agencies. The 

purpose of this study is twofold, the first is ensuring that the previous recommendations 

made in the ACUS report “The Ombudsman a Primer for Federal Agencies,” over two 

decades ago are valid now and the second is to seek out best practices in the federal 

ombudsman community that impact the efficiency of government. Mr. Pritzker and Ms. 

Vogel are currently in the process of reaching out to the ombudsman community for 

feedback and suggestions to inform the research proposal that will be put forth for 

approval to the ACUS governing board in February / March 2015. 

During the meeting, the following ideas were provided as possible areas for research. 

 How do ombudsman offices identify systemic concerns?

 What are the do’s and dont’s -“lines of reporting” for an ombudsman office? 

 How to quantify success of the Ombudsman program? (Costs benefit analysis.) 

A working group consisting of representatives from various ombudsman organizations - 

IOA, USOA, ABA ADR and Ombuds group, COFO has formed to bring forth 

suggestions to present to ACUS for their research. Wendy Kamenshine, will convene the 

working group. 

2. Albert Conerly (COFO member and liaison to the Interagency Alternative Dispute 

Resolution Working Group, IADRWG) provided an update to the group on a presentation 

C O A L I T I O N O F F E D E R A L O M B U D S M A N
that was part of the ADR Lunchtime Series - “Unconscious Bias in the ADR Process 

(January 29, 2015).” The speakers Charles Petit and Dr. Lester Hoffman mentioned we 

all have biases, which we are often unaware of and as a result these unconscious biases 

impact behavior in the workplace. A few considerations were provided to address 

unconscious bias. One can first acknowledge that we all have biases, second is to 

increase self awareness and pay attention, and finally, since biases can impact or appear 

to impact decision-making in the workplace be transparent about factors in decisionmaking and communicate about processes used. For more information 

http://www.adr.gov/pdf/jan2015-flyer.pdf 

3. Upcoming opportunities 

a. International Ombudsman Association conference will be April 19 – 22, 2015 in 

Atlanta, Georgia For more information 

http://www.ombudsassociation.org/home.aspx

 

Attendees (by phone only): 

Emily Albertson, Federal Reserve Board 

Mollie Berg, National Geospatial-Intelligence Agency 

Andrea Brown, Department of State 

Albert Conerly, Department of Health and Human Services, FDA 

Joanne Dea, USDA 

Scott Deyo, National Geospatial-Intelligence Agency 

Tasha Fleming, Department of Justice, BP 

Steve Gadziola, Department of Homeland Security, FEMA 

Claire Heffernan, Department of Homeland Security, TSA 

Wendy Kamenshine, Consumer Financial Protection Bureau 

Mark Kashden, Center for Disease Control, OCOO/OCG 

Bridgette Kilkenny, Treasury 

Noreen Kinnavy, International Broadcasting Bureau 

Marcia Larkins, Department of Human and Health Services, FDA 

Matthew Lascell, Department of Defense, NCIS 

Mona Lease, Student 

Karen Leichtnam, D.C. Superior Court 

Katie Manderson, Department of State 

Bill Mauer, Department of Energy 

Carrie McGuire, Office of Government Information Services, NARA 

Tracy McNeil, U.S. Securities Exchange Commission 

Ruth McWilliams, National Aerospace and Space Administration 

Celeste Merrix, Department of Homeland Security, FLETC 

Chauncenette Morey, Department of Justice 

David Pritzker, Administrative Conference of the United States 
Sara Roberts, Department of Homeland Security, TSA 

Julie Smith, Department of State 

King Stablein, U.S> Nuclear Regulatory Commission 

Connie Vogelman, Administrative Conference of the United States 

Guy Weber, Department of Defense, NGA 

Diane Wellborne, City of Dayton 

Lisa Witzler, Department of Health and Human Services, NIH 

Kahill Palmer, ANII Group 

Minutes prepared by: Andrea Brown and Noreen Kinnavy 
MEETING MINUTES 

Date/Time: March 11, 2015, 1:30pm – 2:30pm 

Location: Environmental Protection Agency (EPA), William Jefferson Clinton Building North, 

Conference Room 6013 

Agenda: 

1. Guest speakers provided an overview of their ombudsman organizations and shared information 

on upcoming conferences:

Robin Matsunaga, President, United States Ombudsman Association (USOA) 

Kristie Hirschman, Director of Conferences & Training (USOA) 

Lisa Witzler, Vice President, International Ombudsman Association (IOA)

2. Annual COFO conference planning

3. Ethical Dilemma

Highlights: 

1. United States Ombudsman Association: 

Mr. Robin Matsunaga is the Ombudsman for the state of Hawaii and President of USOA. Ms. 

Kristie Hirschman is Senior Assistant Ombudsman for the state of Iowa and serves on the USOA 

executive board as Director of Conferences &Training. Mr. Matsunaga provided an overview of 

USOA, the oldest ombudsman organization in North America with a focus on the traditional, 

classical ombudsman model. External ombudsmen in the federal government may find this 

organization particularly helpful. 

The 36th annual USOA conference will be October 14-16, 2015 in Scottsdale, AZ. Ms. Hirschman 

provided information to members about submitting proposals for presentations at the USOA 

Annual Conference; for details or for more information contact Kristie at: 

kristie.hirschman@legis.iowa.gov . For information on the USOA Annual Conference see: 

http://www.usombudsman.org/usoa-events/annual-conference/

The discussion with COFO participants focused on strategies for dealing with difficult 

complainants. Some suggestions included the following: 

 Establish, maintain and respectfully convey boundaries to the visitor/complainant, e.g., time 

or duration of meetings, physical space and office safety considerations. 

 Use communication skills to diffuse a situation, conveying respect for the individual and 

following up as appropriate. 

 Utilize local resources that can provide information of use to ombudsman practitioners, such 

as crisis intervention and law enforcement teams and mental health alliances and 

organizations. 

 Additional resources: 

C O A L I T I O N O F F E D E R A L O M B U D S M A N
o Chris Wheeler from New South Wales wrote an article about working with 

unreasonable complainant conduct: 

http://www.socap.org.au/files/FIZW04L2OS/Chris%20Wheeler.pdf

o The Ombudsman of New South Wales also provides training on working with 

unreasonable complainant conduct: https://www.ombo.nsw.gov.au/trainingworkshops-and-events/our-workshops/all-workshops/managing-unreasonablecomplainant-conduct

o National Alliance on Mental Illness – local D.C. chapter -- provides newsletter, 

trainings, upcoming events: http://www.namidc.org/

International Organization of Ombudsman (IOA) 

Ms. Lisa Witzler is an Associate Ombudsman for the National Institutes of Health (NIH) and 

Vice President of IOA. She provided an overview of IOA – the largest professional association 

for ombudsman worldwide with a focus on the organizational ombudsman model. Among the 

offerings provided, they are best known for professional training and educational programs (i.e. 

standards of practice and code of ethics, and the course Foundations of Organizational 

Ombudsman Practice), a professional journal JIOA, and a certification program. For information 

see: http://www.ombudsassociation.org/Home.aspx

Ms. Witzler, shared information regarding the IOA Annual Conference to take place on April 19 

– 22 in Atlanta, GA. 

For conference highlights, keynote speakers and events please see: 

http://www.ombudsassociation.org/Conferences-Professional-Development/AnnualConference/2015-Annual-Conference.aspx

In addition to the conference, IOA has a variety of new developments such as forming 

committees to focus on the following areas: Research and Assessment; Professional Standards 

and Ethics; and Title IV. Also, the JIOA a peer review academic journal welcomes submissions 

and suggestions from the ombudsman community. Please contact Lisa to share your ideas with 

her. 

2. Annual COFO Conference Planning 

COFO participants discussed possible topics to include in the upcoming conference. One 

recommendation was to survey COFO membership for additional ideas. The following members 

volunteered to assist with the conference, Tracy McNeil – SEC; Joan Roger – EPA; Ella Yargon 

– FDA; Tony Ohe – DHS; Kahlill Palmer – USPS. 

Suggested Topics for COFO Annual Conference 2015: 

 Conflict Coaching: Tools for daily practice – not formal coaching related 

 New Ombudsman: A separate session for new ombuds to interact with more experienced 

ombuds – reflections, challenges, questions, etc. 

 Mental Health Challenges: Training, advice, guidance, wisdom, protocols, safety, security, 

confidentiality 
 Helping People Help Themselves: Educating/teaching clients to manage up and down the 

chain of command 

 How to Better Communicate/Market the Ombuds Role to Leaders and Managers: Ombuds 

not a substitute for supervision 

 The Don’ts: What an Ombuds should not do or handle 

 How to Say “NO”: When a visitor is persistent/passionate after all that can be done, has been 

done 

 Legal Updates: Recent court cases 

 Victim Support: Working with complainants/visitors who have undergone a traumatic event – 

(PTSD). 

3. An “Ethical Dilemma” was posed to COFO participants. The discussion revolved around related 

policies, ombudsman’s role and obligation to report or disclose information, and potential legal 

ramifications. 

Attendees: (in person) 

Jeff Anderson, Equal Employment Opportunity Commission 

Riley Barrar, Department of Defense, AF 

Andrea Brown, Department of State 

Dallas Brown, Department of Homeland Security, National Protection and Programs Directorate 

Tracey McNeil, U.S. Securities and Exchange Commission 

William Maurer, Department of Energy 

Tony Ohe, Department of Homeland Security, National Protection and Programs Directorate 

Kahlill Palmer, ANNI Group* 

Victor Voloshin, Equal Employment Opportunity Commission 

Attendees: (by phone) 

EmilyAlbertson, Federal Reserve Board 

Karen Asaro, Department of Homeland Security, FEMA 

Cathy Barchi, Department of Energy 

Virginia Behr, Department of Health and Human Services, FDA 

Mollie Berg, Department of Defense, NGA 

Joanne Dea, USDA 

Debbie Duncan, Department of Homeland Security, TSA 

Ayanna Epps, Federal Deposit Insurance Corporation 

Tasha Fleming, Department of Justice, BOP 
Harriet Gerber, Department of Health and Human Services, FDA 

Claire Heffernan, Department of Homeland Security, TSA 

Kristie Hirschman, State of Iowa 

Wendy Kamenshine, Consumer Financial Protection Bureau 

Noreen Kinnavy, International Broadcasting Bureau, Voice of America and Office of Cuba Broadcasting 

Marcia, Larkins, Department of Health and Human Services, FDA 

Kristina Lauritsen, Department of Health and Human Services , FDA 

Joy Lee, National Credit Union Administration 

Karen Leichtnam, D.C. Superior Court 

Robin Matsunaga, State of Hawaii 

Celeste Merrix, Department of Homeland Security, FLETC 

Heather Milner, Consumer Financial Protection Bureau 

Pamela Pontillo, Department of Energy, Office of Conflict Prevention and Resolution 

Sara Roberts, Department of Homeland Security, TSA 

Joanne Rogers, Environmental Protection Agency 

Tonya Sibley, Department of Homeland Security, TSA 

Julie Smith, Department of State 

King Stablein, U.S. Nuclear Regulatory Commission 

Jeri Walker, National Credit Union Administration 

Guy Weber, Department of Defense, NGA 

Lisa Witzler, Department of Health and Human Services, NIH 

EllaYeargin, Department of Health and Human Services, Center for Tobacco Products 
MEETING MINUTES 

Meeting Date/Time: December 9, 2015, 1:30pm – 3:00pm 

Location: Environmental Protection Agency, William Jefferson Clinton North, Conference 

Room 6013 

Agenda: 

1. Update on the election of Executive Officers 

2. Discussion and vetting of "Program and Practice Standards" for internal ombudsman 

offices; discussion about drafting a similar document adapted for external ombudsman 

3. Role of COFO with respect to proposed legislation establishing new ombudsman offices 

4. Discussion of annual reports and significant accomplishments by members in 2015 

5. Chi Resolutions and ACUS study 

6. Internships/Other Announcements 

Highlights: 

1. Update on the election of Executive Officers 

The nominating committee is in place and nominations for Executive Officers have been 

solicited. Ombudsman working for federal agencies, who are part of the voting 

membership, are eligible to be nominated for these positions. Please review more 

detailed information from the COFO Nominating Committee sent through the Listserv on 

December 1, 2015. The committee members are: Kakeisla Qaasim 

(Kakeisla.Qaasim@cfpb.gov); Stephanie Luckam (Stephanie.Luckam@tsa.dhs.gov); and 

Rea Wynder (Rea.Wynder@fema.dhs.gov). 

If you are interested in nominating someone, including yourself, the deadline for 

nominations is December 14, 2015; the email with final candidates and their biographies 

will be sent the first week in January. 

2. Discussion and vetting of "Program and Practice Standards" for internal ombudsman 

offices; discussion about drafting a similar document adapted for external ombudsman 

How does the draft document work together with IOA, USOA and the ongoing ACUS 

study? The concept evolved from a number of undertakings, including COFO and the 
IADRWG’s work on conflict resolution standards and COFO’s former Standing Up an 

Ombuds Office Subcommittee’s guidelines to assist new offices. This document is an 

extension of that work, hoping to eliminate confusion in terms of the ombudsman role. 

There are examples of ombuds offices established in recent years by statute that don’t 

appear to reflect recognized ombuds standards of practice in the federal government or in 

the private sector. 

We all face challenges, e.g., requests for involvement in investigations or administrative 

proceedings. Although there is no perfect ombuds program, it seemed advisable to have 

a federal source to supplement the standards of IOA and USOA to help new ombuds 

programs establish well-functioning offices. It would not affect who qualifies for COFO 

membership.

Others raised the earlier suggestion of a voluntary review pilot program to assist offices 

and support professionally recognized standards of operation for all of the different kinds 

of federal ombudsman. Another suggestion involved having an outside panel of advisors 

who could provide guidance to ombudsman when faced with a difficult situation, which 

would also be helpful when an ombudsman has been requested to undertake activities 

that conflict with recognized professional standards.

3. Role of COFO with respect to proposed legislation establishing new ombudsman offices 

A bill before Congress would establish an ombudsman within an agency that would 

seemingly function in an advocacy role rather than as a designated neutral. Other similar 

positions, such as the long-term care ombudsman were discussed. Does COFO have a 

role in strengthening the concept of neutrality for ombudsman and is there an appropriate 

way to make any concerns known when legislative proposals arise? At the same time, 

the legislation in question raises the potential benefit of the classical ombudsman model.

4. Discussion of annual reports and significant accomplishments by members in 2015 

Accomplishments for the year included the establishment of a program adopted in 

conjunction with OPM to assist the transition for intermittent employees facing FEHB 

terminations; leadership’s follow through on a recommendation to share publicly an 

agency’s resolutions/settlements for constituents; and the opening of a new ombudsman 

office at DIA. 

5. Chi Resolutions and Administrative Conference of the U.S. (ACUS) study 

Members were updated on the upcoming survey. Chi Resolutions requested that 

everyone be sure to share your contact information with them (at 

lmarx@chiresolutions.com), especially emails and phone numbers that are not easily 

obtained from other sources. The confidentiality of this information, as well as your 

responses to the survey, will be protected. 
The survey of federal ombudsman is planned for January. Each ombudsman office will 

be asked to complete one survey. If an agency has multiple and independently run 

offices, and perhaps different types of ombudsman (e.g., organizational, external, 

acquisition, etc.), that agency would provide a separate survey for each office. This 

applies to subcomponents as well, such as the various offices at FDA. The survey itself 

should be completed on line, presumably by the senior ombuds in a given office. Each 

invitation will have an attachment for “review and preview,” which can be discussed with 

other ombudsman in the office, public affairs or a supervisor, if helpful or appropriate. 

The team requested that it not be sent to anyone beyond that scope. 

The final list of survey participants will specify the agencies to which a survey was sent. 

ACUS will not know which agencies and offices filled out a survey unless a respondent 

provides his or her name, for example, in order to include an innovative practice or other 

helpful information in the final report. Also, an office may request inclusion as a case 

study for the report. There will be no computerized or other tracking of survey 

participants; each office contacted may receive a follow-up after the survey is sent, 

reminding the office to participate or thanking them for participation. 

The ACUS research team is very interested in innovative practices, any notable 

achievements, and recommendations and ideas for the future of federal ombudsman and 

of COFO. 

If any ombuds would prefer, they may talk with the chair of COFO about how to provide 

a survey through another means. If anyone knows of other ombuds offices not 

participating as members of COFO, please share this information research study with 

them and direct them to Lauren Marx, (lmarx@chiresolutions.com), for inclusion in the 

study. 

6. Internships/Other Announcements 

There is a Presidential Management Fellow who is interested in a three-month detail to an 

ombudsman office. If you are interested in hosting the candidate, please contact Scott 

Deyo at Scott.M.Deyo@nga.mil. 

Attendees in person: 

Mollie Berg, Department of Defense 

Scott Kimberley Day-Lewis, Department of Homeland Security 

Scott Deyo, Department of Defense 
Michael Janson, Federal Communication Commission 

Lauren Marx, Chi Associates 

William Maurer, Department of Energy 

Dawn Miller, "Conflict Transformation Associates" 

Julie Smith, Department of State 

Lexi Wolfe, Small Business Administration 

Ella Yeargin, Department of Health and Human Services 

 

Attendees by phone: 

Riley Barrar, Department of Defense 

Virginia Behr, Department of Health and Human Services 

Andrea Brown, Department of State 

Monique Bookstein, Department of Justice 

Shireen Dodson, Department of State 

Ayanna Epps, Federal Deposit Insurance Corporation 

Rita Franklin, Department of Energy 

Claire Heffernan, Department of Homeland Security 

Patrick Holman, Department of Energy 

Noreen Kinnavy, International Broadcasting Bureau 

Jenifer Kirkpatrick, Department of Homeland Security 

Sarah Kith, Department of Homeland Security 

Becky Kurtz, Department of Health and Human Services 

Marcia Larkins, Department of Health and Human Services 

Laurie Lenkel, Department of Health and Human Services 

Carrie McGuire, Office of Government Information Services 

Carla Miller, Department of Justice 

Kakeisla Qaasim, Consumer Financial Protection Bureau 

Sara Roberts, Department of Homeland Security 

Miriam Rodon, National Aerospace and Space Administration 

Mary Rowe, MIT and Chi Resolutions 
Paul Sotoudeh, Consumer Financial Protection Bureau 

Dale Vergott, Department of Defense 

Guy Weber, Department of Defense 

Fred Whittington, Department of Labor 

Rea Wynder, Department of Homeland Security 

John Zinsser, Pacifica Communications 

Tom Zrubek, Department of Defense