Number 901 • Friday, February 3, 2012

Ombudsman Tasked to Assist the Public with Grievances Against Public Officials
By Teshell Samuel
 
Walford Gumbs
 
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Persons with grievances against public officials and institutions can turn to his office for resolution, says Ombudsman Walford Gumbs.

The term Ombudsman is fairly new to St. Kitts-Nevis having only established an Office of the Ombudsman within the Federation in 2009. He or she is appointed by the Governor General and governed by the Ombudsman Act of September 2006. Approval is sought from both the governing party and the opposition in identifying the Ombudsman to ensure that the work of the office is done without bias.

Despite its novelty, the work of the office is significant says Gumbs, who serves as Ombudsman to both St. Kitts and Nevis.

“The purpose of the office of the Ombudsman is for the protection and enforcement of the rights of citizens of the Federation,” Gumbs explained. “It gives assistance to persons who believe that they have suffered some injustice at the hands of public officials as a result of mal-administration within the administration.”

The Office of the Ombudsman acts as the Labor Department to the public sector, he quipped.

Assistance is provided free of charge to workers within the public sector and to citizens with complaints specific to Government services and authorities, including government departments, public authorities, government boards and any corporation or body established by ministers of government. If personnel with seniority are accused of abusing their power, being negligent, initiating actions that are contrary to law, being oppressive or discriminatory, a case can be brought to the Ombudsman to seek advice or for investigation.

“For example if you are an employee within the public service and you feel that you are being passed over for a promotion or has had an increment withheld for some reason, and you take it to your superior for reconsideration and was denied but you still feel strongly that there may be some bias involved, then that is an issue that you can bring to the office of the Ombudsman,” he explained.

Issues brought to the Ombudsman for investigation can differ in the time taken for resolution. Gumbs explained that in some issues outside advice or consultation may be sought whether from lawyers or other entities in order to determine the best way to resolve a matter. This can add to the length of time needed to close a specific case, he noted, adding that all complaints are investigated within a timely manner.

The scope of the Ombudsman does not include matters regarding issues with the court nor does it deal with issues regarding privately owned businesses.

According to Gumbs, since his appointment he has looked at over 70 cases yet persons still know very little about the work done and the assistance available to them, a fact that he hopes will change with more public awareness.

“I would advise the public to come to the office and find out more about what we do and we how we can assist them in addressing any problem that they might have regarding the functioning of the public sector,” he said.

Currently Gumbs covers issues occurring in both St. Kitts and Nevis but it is his hope that with growing knowledge of the service being offered, an additional Office of the Ombudsman could be positioned on Nevis.

Accordingto legislation, The Ombudsman reports to the National Assembly. When he investigates grievances he would file the necessary reports to the Ministry involved in the complaint and make certain recommendations. The Ombudsman, while he has no punitive powers, can use whatever avenues are available to him to bring pressure to bear in an effort to effect a fair resolution to the matter.

The Office of the Ombudsman is conveniently located at West Independence Square Street, Basseterre and opened Monday through Friday from 8:00am-4:00pm.

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