I’ve now done some unpacking of the crony-based decision that came out of the Secretary of State’s office recently, which marked the end of a nearly eight year tip-toe through that Kafkaesque Looking Glass kind of world, which I’m now referring to as Kafka-Carroll Land. I mean, just imagine a theme park built around a blend of those two authors’ works. Oughta make a fortune.
Click here for the “unpacking” post. This GMD post offers yet another piece of the background.
The good thing, the silver lining in all of this, is how well it demonstrates the need for a State Ombudsman Office in Vermont. I’ve passed all of this along to some of the other people interested in the state ombudsman idea, of course, who know of cases involving not just Markowitz’s territory but other departments and agencies, and cases far more egregious than mine. For many reasons, however, those cases never break into the light of day.
One of those reasons, and a primary one, is confidentiality of the parties involved. It’s a very good reason, insofar as the confidentiality of innocent people is protected. It’s a very bad reason when it acts only as a shield for the state to hide behind.
Case in point: SRS, back before it became DCF, used to cite confidentiality regularly as the reason they could not open up the records so that their actions could be evaluated. Legislators were thoroughly snowed, and I believe trepidatious about challenging the agency that held itself out as the one, true, real protector of children in the state. It took years of noisy agitation by a wide range of people (including myself, and the academic grounding for reform provided by my dissertation) before the then-commissioner made an unfortunate comment to the press. He said that all the leaders of the reform movement were child abusers.
That comment of course hit the Free Press and the Times Argus, and I believe that was the moment that a number of legislators decided there really was an important reason to take a closer look at SRS. There was subsequently one important piece of legislation passed. It said in the case of a child in state custody dying, then the agency could open its records for scrutiny of its actions in the case.
The next child in state custody to die was Alexis Cormier. For the very first time, SRS records were opened, and for the very first time, there were headlines that read unlike any that had appeared previously about SRS.
SRS cites errors in baby case
SRS: Agency admits mishandling case
You can see the 1999 Burlington Free Press story, first part here, second part here.
That was the first crack allowing light into the workings of the agency. Note, however, that the only case in which such a light may be shone is when a child in state custody dies.
What about all the other cases short of death that cause pain and loss to Vermonters?
A State Ombudsman would investigate and act for the Legislature, and be directly accountable to the Legislature. As it is now, when legislators want to know about how things work or what problems there are in any office of the executive branch, they rely on the research and advice of the people who run those offices. This amounts, to use a phrase that’s gotten a lot of use during these Bush years, to the fox guarding the hen house. (Indeed, I had the honor of doing research for The Fox in the Henhouse: How Privatization Threatens Democracy, by Elizabeth Minnich and Si Kahn.)
Other reasons cases of bureaucratic injustice don’t make the light of day: the people who fall victim to that meat grinder are often either too worn out, or too scared, or simply do not know how to present their case, or to whom. Single shot presentations to one legislator at a time work about as well as trying to use birdshot to bring down a rhinoceros.
A State Ombudsman would be the party to present each case to, and a State Ombudsman would collect data over time, as well as have the authority to look into a case to assure that the state was simply playing by the rules. That’s precise, targeted intervention that can put the brakes on bureaucratic abuses that currently cost the state and its citizens hugely.
Though mine is not the most egregious case of injustice wrought by Vermont bureaucracy, it is one that has made the light of day, and can serve as a solid example of why we need a State Ombudsman.