What is Ombuds?

The following four tenants provides the basis for Ombuds work:

• Independence
• Neutrality and Impartiality
• Confidentiality
• Informality

Independence

Ombuds is independent in structure, function, and appearance to the highest degree possible within the Laboratory. Ombuds exercises sole discretion in whether or how to act regarding an individual's concern. This means that Ombuds does not disclose information about matters discussed in the Ombuds Office with anyone at the Laboratory, including the person to whom the Ombuds Office reports.  The Ombuds currently reports to the Director's Office, and has access to the Laboratory Director and senior management.

Neutrality and Impartiality

Ombuds, as the designated neutral, remains unaligned and impartial at the Laboratory, and does not engage in any situation which would create a conflict of interest.

Confidentiality

Ombuds holds all communications with those seeking assistance in strict confidence and does not disclose confidential communications unless given permission to do so. Ombuds asserts that there is a privilege with respect to the identity of visitors and their issues. The only exception to this privilege of confidentiality is where there appears to be an imminent risk of serious harm.

To the maximum extent provided by law, Ombuds treats your concerns with strict confidentiality. No Laboratory employee at any level may compel Ombuds to disclose a matter you want to keep confidential. Ombuds will not voluntarily become a party to any formal judicial or administrative proceeding, and the Laboratory will resist to the extent allowed by law any attempt by compulsory legal process to force disclosure of concerns brought us. This means that Ombuds will not voluntarily testify in legal proceedings except to explain the Ombuds Program and/or the general role of the Ombudsperson.

Are there exceptions to confidentiality?

Exceptions to this confidentiality may occur only in two instances: 1) when an appropriate legal authority, such as a court, orders Ombuds to disclose information or 2) when Ombuds has reason to believe that, if information is not disclosed, serious harm to a person, property, or national security may occur.

Can I put the Laboratory on “notice” by telling an Ombudsperson?

No.  Because of the unique, informal, problem-solving role of the Ombuds Office, speaking to the Ombudsperson about a concern does not constitute “notice” to the Laboratory that the problem exists, nor is speaking to an Ombuds Office a step in any formal process.  Anyone wishing to “put the Laboratory on notice” may contact a manager, HR Employee Relations, Ethics and Audit, or file a formal grievance. The Ombuds Office can provide referral information about who to contact for anyone seeking to use administrative or formal grievance processes. Ombuds is available to discuss your concerns about reporting, to explore options, and to explain Laboratory policies and procedures. Ombuds will directly assist in reporting if you want us to. However, the Ombuds Program is not the official point of contact for reporting concerns of this nature. If you do not report the matter to your manager or to the official contact, you cannot later claim that communication with the Ombuds Program staff served as official notice to the Laboratory. This is because communications with the Ombuds Program staff are strictly confidential, and except as required by law or as noted above, ombuds will not release information to anyone.

Can I remain anonymous?

Via the Ombuds Help Line (505) 667-9370 you can discuss a concern without identifying yourself. You can also call the Ombuds Staff to discuss issues without giving your name. You can even meet with Ombuds staff without giving your name. If you want to remain anonymous, Ombuds will work with you to find a way to address your concern in a way that does not compromise your identity. However, remaining anonymous may limit the options available to you for resolution.

What kinds of records does the Ombuds Office keep?

The office keeps no permanent records other than aggregate statistical summaries (see the Ombuds Dashboard). Ombuds shares general trends with the Laboratory Director and other Laboratory officials. If the Ombuds pursues an issue systemically (e.g. provides feedback on trends, issues, policies and practices), the Ombuds does so while safeguarding the identity of individuals.

Informality

As a resource for informal conflict resolution, Ombuds facilitates communication when conflict arises and provides opportunity for informal dispute resolution. Ombuds as an informal resource, does not participate in any formal adjudicative or administrative procedure related to concerns brought to his/her attention. The Ombuds Office supplements but does not replace other resources at the Laboratory.