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HomeMy WebLinkAboutMINUTES - 07151997 - D9 . D9 'TO: BOARD OF SUPERVISORS E„-�---. FR-M-- William Walker, MD _oma Health Services Director '•� Sra'c' DATE: July 15, 1997 SUBJECT: Ombudsperson Position for Handling Complaints Regarding Hazardous Materials Issues and Incidents SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION . Recommendation: AUTHORIZE the Director of Health Services to establish an ombudsperson program for hazardous materials issues. In the event that the County does not remain the Certified Unified Program Agency(CUPA)for the entire county, REQUEST that the Director of Health Services return this item to the Board for further consideration of related fiscal issues. Background: On November 19, 1996, the Board directed the.Director of Health Services to report back to the Board in six months regarding the establishment of an ombudsperson for industrial accidents. The Board had heard a presentation calling for an ombudsperson from Mr. Denny Larson of Communities for a Better Environment (CBE) and the Regional Accident Prevention (RAP) Coalition. In April of this year, the Chair of the Board received letters from county residents supporting such a position. Health Services staff spoke with ombudspersons at several state and federal agencies responsible for hazardous materials oversight. Staff reviewed job descriptions and sample work products; a national survey of state environmental ombudsperson, advocates, and public liaisons; and articles describing the ombudsperson role, as well as several Internet web sites operated by ombudspersons around the world. Staff met with Mr. Larson and Mr. Henry Clark of the West County Toxics Coalition to learn their views of the need for an ombudsperson and each of their concepts of the job. The attached memo to the Board provides a summary of that research. This memo was originally on the Board's agenda in May and has been deferred until this month. Fiscal Impact- The cost will be financed by Hazardous Materials Division funds. The Health Services Director will report back to the Board with either a P-300 or a contract request. CONTINUED ON ATTACHMENT: yes SIGNATURE/ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON July 15, 1997 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT. -------------- ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: Contact Person:Elinor Blake 370-5022 ATTESTED July 15, 1997 CC: County Administrator CHELOR,CLERK OF THE BO F Health Services Director SU VISORS AND COU DMI TRATOR Hazardous Materials Commission(via HSD) Hazardous Materials Department ” BY: hristine Wamp r 1 Contra Costa County :The Board of Supervisors HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Jim Rogers,1st District ati-s L. o� William B. Walker,M.D. Gayle B.Uilkema,2nd District - Director&Health Officer Donna Gerber,3rd District - Mark DeSaulnier,4th District - 20 Allen Street Joseph Canciamiva,5th Districtgi , ;; ung Martinez,California 94553-3191 � County Administrator a - ;ti,4° (510)370-5003`•_e 3 FAX(510)370-5099 Phil Batchelor ��ST--coo---- County Administrator Date: July 15, 1997 To: Board of Supervisors From: William B. Walker, M.D. Health Services Director Subject: Hazardous Materials Ombudsperson Program In November 1996, the Board asked that I provide a report on an ombudsperson program concerning hazardous materials issues. My staff has collected information on the ombudsperson role generally and, in particular, on the role of ombudspersons for environmental health issues. Staff also spoke with Mr. Denny Larson of CBE and Mr. Henry Clark of the West County Toxics Coalition,proponents of establishing the program. As a result of that research, I believe that an ombudsperson for hazardous materials would be an asset to the County. It would give residents and people who work in the county an identified point of contact for their concerns, someone whose attention is not divided by daily responsibilities such as inspections and emergency response. Below is a summary report of the information we have gathered from Mr. Denny Larson of CBE, Mr. Henry Clark of West County Toxics Coalition, several environment ombudspersons from around the country, documents, and ombudsperson Internet web sites. What is the perceived need for an ombudsperson? CBE and the Regional Accident Prevention (RAP) Coalition's document, `Broader Agenda for Chemical Accident Prevention," states that members of the public see county agencies as apologists for industry, and that the county needs to win back credibility. Further, the Agenda says that it is unclear who in the county the public should complain to about toxic spills and related concerns, causing a waste of staff time. The Coalition sees the need for a community advocate. Their Agenda describes the role as reporting directly to the Board and"investigating] community complaints about the impacts of industrial accidents." Mr. Clark sees a need for a clearinghouse and switchboard function. He receives calls from people with a range of hazardous materials concerns that are often the responsibility of many agencies,not just Health Services. He envisions the role as helping to answer that range of questions and,when necessary, expediting referrals to appropriate agencies. He gave some Mon0ew Memorial Hospital&Health centers • Public Health • Mental Health • Substance Abuse • Environmental Health contra Costs Health Plan • Emergency Medical Services Home Health Agency • Geriatrics A-345 (2197) Board of Supervisors Page 2 Hazardous Materials Ombudsperson Position July 15, 1997 examples: people who find an unknown substance on their car, or see abandoned hazardous materials drums; or want to report an incident or get information on an incident in progress; or want to learn about a policy under development. He also sees the role as filling the need for"an advocate for the community"in county government: an ombudsperson should convey the community's perspective(s) on issues in the county's jurisdiction, and advocate for needed changes in policy. What is the ombudsperson role in government? First popularized in Scandinavia, ombudspersons in government are most known for investigating citizens' complaints against an agency. Some agencies have such a position for internal staff complaints. In The Ombudsman: A Primer for Federal Agencies, the Administrative Conference of the United States describes the ombudsperson's general authority. Ombudspersons conduct their review and, depending on the outcome,recommend actions to remedy the situation or confirm the agency's action and explain it to the complainant. "As a rule, American ombudspersons lack authority to impose a solution on either party. The power of the office lies in the ombudsperson's ability to persuade the parties involved to accept the recommendation advanced...If this solution is not acceptable, the complainant is free to pursue other remedies." In the United States, ombudspersons perform some or all of the following tasks (the range in any one position varies among jurisdictions). ♦ As noted, a principal role is to receive and follow W on complaints about an agency decision or process. They help ensure that decisions are fair and equitable. Under the federal Clean Air Act, for example, one"or two ombudspersons have been established in each of California's Air Districts. They address issues of concern to small business owners. USEPA also has ombudspersons for the Superf ind hazardous waste site program. In our Bay Area Air District, the ombudsperson received complaints from the printed circuit board industry about permitting and regulation. She convened a task force of industry representatives and District staff that resolved the issues through changes in procedure and the development of permit and compliance handbooks that clarified the process. At the USEPA Office of Solid Waste and Emergency Response, the National Superfund Ombudsmaninvestigated a Texas community's complaint about the regional office's decision on a hazardous waste site clean-up plan. They believed they had been left out of the process, in which agency procedure mandated that their concerns be addressed. His work led to a year-long reopening of the decision and a new clean-up plan. In another recent project, he conducted a 6-month review of the Times Beach project for cleaning up dioxin-contaminated soil through incineration and made several recommendations he believed would mitigate citizens' concerns, including additional testing. He also responds to Congressional requests from constituents, and conducts some of the activities below. ♦ Ombudspersons serve as a link between the community/clients and the agency. They Board of Supervisors Page 3 Hazardous Materials Ombudsperson Position July 15, 1997 advise the agency of community issues and concerns, and help get those addressed. (The Environmental Advocate for West Virginia's Department of Environmental Protection notes that it has been important to distinguish her role of gathering and reporting community concerns as distinct from"speaking for environmentalists"or"the community," as she may need to represent a variety of perspectives, and wants to encourage people to speak for themselves.) ♦ Ombudspersons help the public use an agency. The ombudsperson may find the right staff member who can answer a caller's question,handle a permit application, or assist in gaining services. Ombudspersons explain the decision-making process and offer tips on how to effectively contribute to the process. This assistance is both on an individual level, and in the form of public education programs,materials, and outreach. ♦ They hold public workshops on new and developing programs and regulations. ♦ Ombudspersons train staff in how to inform and work well with the public. To whom do ombudspersons report? To reflect the ombudsperson's independence, status, authority, and access, ombudspersons in government report to the office of the director of the agency(or division of an agency)responsible for the issues they cover. This is the case for the above examples and all others concerning hazardous materials that were identified and reviewed by staff. Ombudspersons who report to governing bodies (rather than agency directors)have responsibility for all programs under that body, e.g., an ombudsperson for a city handles complaints about all issues or programs over which the city council has authority. Contra Costa Precedents: In Contra Costa County, the ombudsperson role at the Growth Management and Economic Development Agency includes several of the activities listed above. The role is included in the job description of the Customer Service Manager. She has prepared brochures that answer commonly-asked questions, issued fact sheets to help people meet specific codes, and steps in to help when someone complains about a project is being processed. In the Health Services Public Health Division, the homeless ombudsperson acts as an advocate for the homeless and the issues impacting them within the Department and the community. He also works with homeless programs to make sure they are as effective as possible in meeting the needs of the homeless. At Merrithew Hospital, the patient advocate investigates and recommends ways to resolve patient and visitor complaints, and gathers and analyses data to improve patient care and general system processes. She is principal liaison between patients and the hospital. How does the county now address the needs identified by CBE, the RAP Coalition and the West County Toxics Coalition? No staff person is formally designated as community liaison or ombudsperson; rather, a variety of avenues are now used. D .1 Board of Supervisors Page 4 Hazardous Materials Ombudsperson Position July 15, 1997 Environmental and health concerns related to hazardous materials and any complaints about Health Services Department policy and actions are usually received by the Hazardous Materials Division,where they are directed to appropriate staff or the Division Director. The Hazardous Materials Division conducts public meetings on request to review and comment on each Risk Management and Prevention Plan as they are developed, and calls or participates in meetings on issues of community concern. The Division provides residents and business with a clearinghouse and switchboard function,but has not previously recognized that this may be a widely needed service unto itself and so has not publicized this capability. The Executive Assistant to the Hazardous Materials Commission maintains links with residents, community organizations, and local officials and so hears community concerns. Residents also bring concerns and information to meetings of the Hazardous Materials Commission, as is consistent with its purpose. The Public Health Director and his staff may hear environmental health concerns; the Public and Environmental Health Advisory Board,though it does not focus on hazardous materials, is another avenue for issues to be brought to the Department's attention. Concerns from any of these sources are reported to the Hazardous Materials Division Director, who reports monthly to the Commission about the Division's incident prevention and emergency response activities and other aspects of his program. At that meeting, he also hears any public concerns and concerns raised by Commissioners. The Health Services Director meets twice a month with a management team comprised of the Hazardous Materials and Public Health Division Directors, the Environmental Health/General Programs Director, the Director of Emergency Medical Services,and the Executive Assistant to the Hazardous Materials Commission. Special features of a hazardous materials ombudsperson role for the County: An ombudsperson would be an asset to the Department and its mission to protect the public health. In line with the needs identified by Mr. Larson and Mr. Clark, a County program would emphasize the community link and advocacy role described in the second bullet above on page 2, and the convener role noted in the first bullet. Consistent with ombudsperson programs elsewhere, the County ombudsperson for hazardous materials issues would report to the Office of the Director of Health Services. He or she would address any hazardous materials issues that concern or affect the community. To assure the ombudsperson's independence, he or she would have the ability to request an appearance before the Board in closed session, at his or her discretion, to report to and advise the Board. The Health Services Department will also make provisions for community input to the job description and the personnel selection process. Fiscal impact: SB 659 (Sher) currently before the state legislature could, if passed, result in the County losing our status as the Certified Unified Program Agency(CUPA) for all of Contra Costa County. This would have a severe impact on our hazardous materials programs, including the availability of funding for the Ombudsperson program.