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So You Want To Be An Ombudsman? |
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With Eric Lindros out of the picture (either voluntarily or perhaps pushed out, depending on who you talk to), the NHLPA is on the hunt for a new Ombudsman.
I thought it would be interesting to take a look at the NHLPA Constitution to get a better look at the Appointment, Terms of Employment and Duties of the position.
It's interesting to note that the Constitution allows for two Ombudsmen, something the PA may want to consider - having two individuals from different backgrounds with different perspectives to counteract any preconceived biases that are inherent with one individual in that role.
Also of note is that the Ombudsman does not have to work out of the PA office, so at least part of Paul Kelly's concern about "just paying a person and occupying an office" (per his HNIC interview) can be alleviated.
It was reported that there was some disagreement over whether Lindros' role was simply to receive complaints from membership or to keep an eye on all union activity and proactively raise concerns. Section 2 (A) below clears up that confusion, although I'd think it's natural in an Ombudsman role for that person to raise questions or concerns, as opposed to sitting back as a quiet observer until called upon.
Here's Article VIII of the NHLPA Constitution:
Article VIII OMBUDSMAN(MEN)
Section 1. Appointment and Terms of Employment
(A) One or two Ombudsmen shall be appointed by the Executive Board for such term and under such conditions of employment as the Executive Board shall determine.
(B) The Ombudsman(men) are responsible to the Executive Board and shall report directly to the Executive Board.
Section 2. Duties
(A) The Ombudsman, or one of the two Ombudsmen if there are two, may work out of the permanent office of the Association or such other location approved by the Executive Board. The Ombudsman(men) shall receive and resolve any complaints by members and/or staff of the Association and shall have the authority to retain outside expert advice in carrying out these duties at his/their discretion. Any complaints which cannot be resolved by the Ombudsman(men) shall be referred to the Executive Board. The Ombudsman(men) shall be responsible for advising the Executive Board on such complaints.
(B) The Ombudsman(men) shall recommend one former player to serve as a Divisional Player Representative for each division in the league to act as liaison with players in those divisions. Upon this recommendation, the Executive Board shall hire the Divisional Player Representatives for a term of two years and establish their duties. The Ombudsman(men) shall supervise and coordinate the activities of the Divisional Player Representatives.
(C) The Ombudsman, or one of the two ombudsmen if there are two, shall serve as a non-voting ex officio member of the Executive Board.
(D) The Ombudsman(men) shall ensure that players who cannot attend an ad hoc meeting of the Executive Board are provided with the minutes of the meeting as well as any information related to the meeting.
(E) The Ombudsman(men) shall administer the conduct of votes for Club Player Representatives and Alternate Club Player Representatives under Section 4 of Article IV.
(F) The Ombudsman, or one of the two Ombudsmen if there are two, shall serve as a member of the Audit Committee.
One thing is for sure though - the Ombudsman(men) role isn't going anywhere anytime soon, unless the NHLPA Constitution is re-examined and re-written.
In today's economy jobs are tough to come by. But we know the NHLPA is hiring.
The big questions are who would be interested in this job that puts them directly at odds with Executive Director Paul Kelly, and how will those two roles coexist as the union moves forward?
Danny – [email protected]
Note: I wanted to give credit to Liz Mullen of the Sports Business Journal for her reporting of the NHLPA's internal strife. With Rick Westhead having moved on, there's a void in the media landscape and Liz has brought to light some really interesting material, including Lindros' resignation letter.