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Ombudsman to Stop Taking Complaints as of July 1st 2011 --- No Materials and Tools to Function.

nildarduinlynch28062011Philipsburg:--- The office of the Ombudsman will stop taking complaints as of July 1st 2011 announced Ombudsman Nilda Arduin Lynch on Tuesday at a press conference. The Ombudsman said when the Ombudsman Bureau gets the necessary materials and tools her office will resume taking in complaints from the general public. Arduin Lynch said during the time they will be waiting her staff and her will continue to work on the complaints they already received while they intend to launch an informative campaign on the role of the Ombudsman.

Arduin Lynch said despite not having the tools such as an ICT system, telephones, computers and desks for her and her staff to work with, she and her staff received a total of 100 complaints. The ombudsman said of that amount 27% of the complaints did not belong to her office, while she already completed 14% of the cases her office has been working on. Arduin Lynch said most of the complaints and or cases she is dealing with came from the Personnel department, Domain Affairs, the Social Services and Immigration.

Members of the media got a first-hand look of the almost empty office spaces that the Ombudsman and her staff have been occupying. The desk and chairs for the media personnel had to be rented for the press conference to take place on Tuesday. Arduin Lynch said she has been using her personal monies to get things done thus far. Employees of the Ombudsman office are using their personal computers to get the job done, while there is still no telephone system in the building. The office of the Ombudsman can be found on the first floor of the Eastern Caribbean Telephone Building on EC Cannegieter Street.

Arduin Lynch said she attended the CAROA conference held in Curacao and she had to advance the cost of the trip after meeting with the advisor of government on this subject. Furthermore, the Ombudsman had to also finance her trip to the Netherlands, Austria and Curacao when she attended a training course on Sharpening Your Teeth. The St. Maarten Ombudsman received a scholarship from IOI when she attended the conference in Curacao last year. Sharpening Your Teeth she said is a training that teaches Ombudsmans how to focus on Systemic Investigations.

Arduin Lynch said part of the expenses was taken up by the International Ombudsman Institute (IOI) via funds coming from USONA, while the other part of the expenses Arduin Lynch had to personally finance it until the budget of the Bureau Ombudsman is available to her bureau. It must be noted that the Bureau Ombudsman already submitted their budget while the year report has been delivered to Parliament and the Prime Minister of St. Maarten. Arduin Lynch said in the last paragraph of her report she made clear that Parliament should make sure that the Bureau Ombudsman is properly equipped so they can function, which she said is stated in the law of the National Ordinances.


Arduin Lynch Cleared the Air on the Letter she sent to Parliament.

Ombudsman Nilda Arduin Lynch has finally brought clarity to the letter she sent to Parliament informing them that she was going to be the caretaker of her late husband’s estate while representing him in his ongoing business until it is stabilized. Arduin-Lynch also dismissed the notion that she was going to leave her office for one year, she said it was a gross mistake by the persons who thought so.

Arduin Lynch said several persons from the community bombarded her with questions as to why she wanted to leave her post. Arduin Lynch said for the sake of transparency she thought it prudent to inform parliament of her intention to represent her late husband as a caretaker among which will be assuming the directorship of his real estate company Arlyn Consultancy NV for a period of one year.

The Ombudsman said the law provides her the opportunity and she is allowed to take up any other job as long as it does not compromise her impartiality and independence in the execution of her function as Ombudsman. Arduin Lynch also indicated to Parliament the articles of the law which allows her to act as caretaker of her late husband’s estate. The Ombudsman openly thanked the members of parliament who openly expressed confidence in her integrity that she would step aside should she be confronted with a situation of compromise. She said considering the legacy of her late husband Edgar Hubert Lynch who was adamant about “conflict of interest” and semblance thereof in public office, she will not assume the position as Managing Director of Arlyn’s Real Estate just to avoid any preconceived conflict of interest that was expressed, but as his spouse she must honor her obligations to be caretaker of his estate. Arduin Lynch made clear that she will not be vacating her position as perceived by many.

Appointment of Patricia Philips as Deputy Ombudsman.

arduinlynchandpatsyphillips28062011Asked about her letter to Parliament requesting their approval to appoint her Secretary General Patricia Philips to the position of Deputy Ombudsman, Arduin Lynch said he does not know if the members of parliament did not receive the legal opinion she sent to parliament about Philips appointment letter. Arduin-Lynch said she is fully aware of the law that states neither the Ombudsman nor its deputy can be active civil servants. She said based on that she did her own research while the appointment was discussed with PNO and a Dutch consultant all of whom gave their opinion on the appointment. The Ombudsman also said she does not know if parliament got their own legal advice but the law she said is clear.
She said the staff members of the high council of state are placed in an independent institute even though these staffs are technically civil servants. The staff of the Ombudsman does not report to government, Arduin Lynch said they answer to the Ombudsman which means they are no longer active civil servants.


Ombudsman to Continue with Cadastre’s Office Investigation.

Ombudsman Nilda Arduin Lynch also announced on Tuesday that she will be continuing with the investigations she embarked on at the Cadastre’s Office late last year. Nilda Arduin Lynch said after attending the training “Sharpening Your Teeth” she is now equipped with the tools she needed for Systemic Investigations. Asked how that investigation is going, knowing that the Director of the Cadastre’s office had openly objected to her interference, Lynch said she has had several meetings with the Cadastre’s Office since then and they are cooperating.

The Ombudsman also shed some light on a new file that she was presented with when she met with the National Ombudsman from the Netherlands. Lynch said the Prison Inmate Association sent their complaint to the National Ombudsman, but that person only represents the BES Islands and as such the file was turned over to her.

She said she already met with the Prison Inmates of Pointe Blanche and they shared their grievances with her. However, she said the Minister of Justice is not yet informed, the Ombudsman said the Prison Inmates Association expressed concerns about Human Rights infringements, hygienic conditions, the evaluation process and rehabilitation at the Pointe Blanche Detention Center.

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