So what is an Ombudsman?

The short answer, it turns out, is that Ms Brock is not quite sure herself.

?Civilian oversight is an evolving institution all around the world,? she said. ?Bermuda?s Ombudsman position has just been created and so I will be learning and evolving as I go along.?

The post was only created by the House of Assembly in 2004 with the passing of the Ombudsman Act, she said.

?The drafters in Bermuda had the benefit of seeing how similar systems work elsewhere,? Ms Brock said in her soft and articulate manner. ?I think they did a pretty good job of creating a framework for the Island?s Ombudsman and also innovating for Bermuda ever so slightly.?

In attempting to explain her new post, Ms Brock turned to its classical definitions.

?The role of an Ombudsman is neither to advocate for the people nor to represent the Government,? she said.

?Rather an Ombudsman decides whether there is a fair complaint being made (against Government authorities), the ways to resolve the dispute and the ways in which to make Bermuda?s Government system cleaner running.?

Ms Brock grew more animated as she began to describe the many variations of Ombudsmen which have evolved internationally, each moulded to fulfil a country?s distinct requirements.

?South Africa is the most exciting example of how Ombudsmen can function in a country,? she said. The creation of a new South Africa in the 1990s after apartheid, created a particular need for a position which could be seen as protecting the public from politicians and civil servants who may abuse their powers, she said.

?The Ombudsman is the public?s protector in South Africa, which is a different flavour of Ombudsman altogether,? Ms Brock said.

However, when comparing population and area, Bermuda is minuscule relative to South Africa. In such a small jurisdiction, do we need a ?public agent for justice??

Ms Brock firmly believes the answer is yes.

?In a small country like Bermuda I think civilian oversight is a necessity,? she said. ?Already in Bermuda there is the Human Rights Commission, Consumer Affairs and other mechanisms for resolving disputes in different arenas.?

The Ombudsman will be serve as a special mechanism to resolve disputes within the Government sector.

?This legislation (2004 Ombudsman Act) gives more than enough guidance to Bermuda?s Ombudsman,? she said.

And of special note, Ms Brock said, are the avenues for mediation the Act lays out. These are particularly helpful tools for sifting through disputes in Bermuda.

?We are a small community, and our relationships don?t end with one dispute,? Ms Brock said, laughing. ?I?m going to complain even if the official is my sister?s boyfriend?s cousin.

?That means that we have even more need for mediation.

Ms Brock hopes mediation will enable a minimal civility between complainants, whom she said, would most likely have to interact, professionally or otherwise, with the authority they make a complaint against.

Conflict resolution is an area for which Ms Brock is especially well suited.

After earning a Masters of Law degree from Harvard University in International Human Rights Law, Ms Brock moved in the upper echelons of the United Nations, briefing the Secretary General on Asian affairs and helping to train ambassadors on the UN?s peacekeeping role.

She then moved on to teaching negotiation and mediation practices with Conflict Management Inc., an arm of the Harvard Negotiation Program, a think-tank.

?I don?t think we are distinct in Bermuda,? she said. ?I would like to hope that the Ombudsman would evolve as a problem solver and not as an enforcer, not a terminator or a problem maker.

?I don?t think any public servant gets up in the morning and says ?let me go take part in mal-administration?.

?Nor do complainants wake up in the morning and say ?let me go and make hell for a Civil Servant?.

?However, it?s so easy for small problems to escalate. The Ombudsman?s responsibility, I think, is to ask ?how do we resolve this dispute?? And from a broader perspective, ?how do we make systematic adjustments so that this dispute doesn?t happen again???

When asked how much influence Bermuda?s Ombudsman will have over legislative matters, Ms Brock said she could not know right now.

?In France, the Ombudsman can comment on legislation,? she said. ?There is no such jurisdiction in Bermuda but the Ombudsman can look at issues of law.?

The Ombudsman?s authority and duties will be decided by the Supreme Court which will have final say in interpreting the Ombudsman Act.

?The Ombudsman must always avoid being politicised by issues in Government,? Ms Brock said. ?I have spoken to Ombudsmen from around the world (about political concerns).?

And their advice for when the political waters become hot, ?is to look at the issue being investigated and the appropriate legislation?, she said.

?If people are looking at it as a political issue, the Ombudsman must remember what her role is and avoid being a political football.?

According to Ms Brock, Ombudsmen around the world connect in an informal network in which information, advice and queries are shot off instantly online.

?I get responses to questions from all over the world,? she said.

Within days of the announcement of her appointment, Ms Brock was invited to a conference for American Ombudsmen, including a one-day orientation for new Ombudsmen.

?And the Commonwealth Secretariat wants to create an orientation programme for Ombudsmen,? she added. ?Even though it?s a new position for Bermuda, it is comforting to have this kind of international support.?

Ms Brock plans to spend the month of August on a campaign to educate Bermuda on her new role. She will be meeting with the Cabinet and the Shadow Cabinet, as well as the Civil Service executive, she said.

She will also be running meetings for the public and will begin receiving complaints as of September 1.