Ten Things Lawyers Should Know About Ombuds, #8: Ombuds Don’t Keep Records — EngagingConflicts.com
This is one of Guest Blogger Ombuds Thomas Kosakowski’s posts in his series “10 Things Lawyers Should Know About Ombuds”, part of the Engaging Conflict’s Taking Peacemaking Public series. His Introduction and point #1 are posted here, point #2 here, point #3 here, point #4 here, point #5 here, point #6 here, and point #7 here.
8. Ombuds Don’t Keep Records
To preserve confidentiality, ombuds do not create or maintain records for the organizations about individual cases. Notes taken during the course of working on a case that are intended only for the ombuds’ interim reference are routinely destroyed and are not kept past the conclusion of the case. Ombuds publicly and specifically advise visitors and prospective visitors that they have no record-keeping function. (See examples from Stanford University, United Technologies Corp., Putnam Investments, and the United Nations.) The Coalition of Federal Ombuds has concluded that ombuds’ notes from specific cases are exempt from the Federal Records Act. (See The Guide for Federal Employee Ombuds, Federal Guidance Note at p. 9.) Attorneys should therefore expect that efforts to compel production of ombuds’ case materials to be a fruitless exercise.
Tom’s series will continue soon.
