3. Proposed solutions
In his scope of action, the cantonal ombudsman advises and aims to resolve conflicts amicably.
The ombudsman acts with the agreement of the user. No action is taken if the person does not wish it. The ombudsman is bound by professional secrecy.
The treatment of any situation starts with a contact with the Bureau de médiation administratrive.
Following this contact, and always with the agreement of the user, the ombudsman can in particular:
- request additional written or oral information;
- request the consultation or the production of all useful documents;
- interact with third parties to clarify the situation and to hear the point of view of the relevant administration;
- in exceptional cases, ask for expertise for requests which evaluation requires specific knowledge.
The ombudsman may propose a mediation session between the user and a representative of the relevant administration.
The process is voluntary, and takes place in a framework structured by confidentiality and respect, of which the ombudsman is the guarantor.
Mediation brings conflicting parties together and helps to find a successful outcome to the conflict.
In the event of a positive outcome of the mediation, at the request of the parties, the result of the agreement may be formalized in a written document. The case is then closed.
Recommendation to the relevant authority
If he considers it necessary, the ombudsman may make a recommendation to the relevant authority and propose a modification of the current procedures.
This approach is part of the mission of the Bureau de médiation administrative to help improve the functioning of the administration and encourage it to maintain good relations with users.
Access to information
Any collaborator of the Geneva public administration, whatever his / her hierarchical level, must support the ombudsman, in particular by providing him / her with all the information or documents, as well as by giving a right of access to the data or by facilitating a such access, subject to the provisions of the Law on Public Information, Access to Documents and Protection of Personal Data (LIPAD).
Persons subject to the secrecy of function are untied from it with regard to the ombudsman.