Whitehorse Daily Star

Longtime ombudsman to step down

Yukon ombudsman Hank Moorlag will retire on April 5.

By Whitehorse Star on January 17, 2007

Yukon ombudsman Hank Moorlag will retire on April 5.

Moorlag has served in the position of ombudsman and information and privacy commissioner for 10 years.

After retiring from the RCMP in 1995, Moorlag told the Star this morning, he needed a job and applied for the position because he had always been interested in the work of the ombudsman.

The function of the ombudsman is to ensure fairness and accountability in public administration in the Yukon.

The ombudsman receives complaints, conducts impartial and confidential investigations and can recommend solutions to complainants.

The investigations are directed at government, including departments, Crown corporations, schools and hospitals.

Meanwhile, the information and privacy commissioner conducts reviews into decisions respecting access to records of departments and agencies of the government.

Moorlag has been critical of the Yukon government's performance in both areas.

Inadequate communication and unreasonable delays continue to top the list of complaints about government to the territory's ombudsman.

Problems exist in relation to communication, delays and standards followed related to legislation, policy and procedures, Moorlag has previously told the Star.

Previous reports from the ombudsman have indicated a need for improvements to the government's responsiveness and accountability by:

improving complaint handling programs;

training employees to deal with complaints in a productive way;

developing a more service-oriented government culture through the use of corporate value statements; and

working in personal and specific plain language when writing to Yukoners rather than using form letters.

Moorlag has also stated the government has been moving toward a trend of secrecy and has proposed several amendments to the Yukon's Access to Information and Protection of Privacy (ATIPP) Act.

In his 2005 annual report, Moorlag wrote, the problems surrounding ATIPP are not new.

There is a need for change to address the serious shortcomings of the act, he added.

Moorlag's recommendations include:

developing, updating and maintaining the ATIPP manual to make it a primary source of information and administration of the act;

raising the profile of the records manager and striving for continual staffing;

creating an annual reporting process;

developing a performance measurement to see to what extent the act is understood and put into practice;

providing better funding and training for ATIPP co-ordinators; and

encouraging departments to make records more readily available to the public.

Legislative changes should include clarifying the burden of proof provisions, removing the time limit for asking for a review, correcting a power imbalance between government and individual applicants, permitting fee waivers when disclosure is in the public interest and requiring periodic reviews of the act, it is further stated.

But one of the most important aspects still in need of examination is the definition of public bodies, said Moorlag.

The current definition of public body is limited to the Yukon government departments. The definition is problematic, because it doesn't include the Yukon Workers' Compensation Health and Safety Board, the Yukon Utilities Board, the Yukon Mental Health Review Board and the Yukon Public Service Staff Relations Board.

Moorlag said he believes there has been progress in terms of interpretation of the act and highlighting its shortcomings. But addressing those issues is now in the realm of the legislative assembly, he said.

Moorlag said his feelings of personal accomplishment over the last 10 years can be measured based on the success of various cases.

He believes his two terms in the office helped build a better and more accountable relationship with the legislative assembly.

However, it is a job that has professional and personal limitations, he said.

'It's time to let someone else try to make the gains I have not been able to make.'

Ten years are long enough in the job, he said. He added he is not interested in seeking a third term.

The legislative assembly is currently inviting applications for the position.

Potential candidates must display a practical knowledge of law and investigatory procedures, experience in dealing with people from all walks of life, an understanding of the principles of natural justice and administrative fairness and skills in conflict resolution and negotiations.

The applications will be collected until Feb. 7, when they will be reviewed by the members services board of the assembly.

After a nominee is selected, his/her name will be placed before the assembly for consideration and must receive the support of two-thirds of the MLAs. The ombudsman is then appointed by the commissioner.

Ombudsmen serve in five-year terms and receive $93,233 annually for the half-time position.

Moorlag said his departure from the office now officially marks his retirement, but only in the sense that he won't be going into any sort of office anymore.

He said he plans to continue to remain engaged with Yukoners and would be interested in applying the skills and knowledge he has gained over the past decade in areas such as conflict resolution.

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