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CitizenStruggleThe Ombudsman Programsi are established to provide a direct voice to the general populaceii and industry professionals in regards to law, regulation and other issues of local concern. The Ombudsman Program will provide a public format for the airing of grievances by the general population and a means for dispute resolution and/or arbitration which will be bindingiii on the government, even to the extent of changing outdated, irrelevant and/or oppressive laws and/or legal decisions.

In attendance at meetings of the Ombudsman Forums will be the following parties:

  1. the members of the Citizen Review Boardsiv and/or a separate and unique Citizen Review Board randomly selected from the local, mentally competent (by reasonable standards) adult members of the general population and such duty shall be considered to be mandatory civic dutyv.

  1. the aggrieved party who may, at their discretion, invite people who have been similarly aggrieved and/or who may be directly impacted by the decisions who are in support of the aggrieved party and who will report either orally or in writing in support of the aggrieved party and in defense of their position

  1. Industry Professionals in fields related to the matters regarding the grievance and who shall examine both the pros and the cons of the grievance and the originating act and report thereon and who will report in writing in support and in opposition of the aggrieved party and in defense of their position

  1. the defending partyvi vii who may, at their discretion, invite people who will additionally be impacted by any decision and/or arbitration but who are in support of the party perceived to be the cause of the original grievance and who will report either orally or in writing in support of the defending party and in defense of their position

  1. a third party board of arbitrators; this group will most likely be comprised of professional arbitratorsviii, perhaps even tasked to travel from Community to Community solely for the sake of arbitrating disputes

All transcripts of the proceedings of the Ombudsman Forum will be duly recorded and made part of the Public Record. Upon the successful arbitration of a matter, such arbitration will be held to be final. Arbitrators may find in favor of financial awards only insofar as such remuneration can be defined as lost due to the original action. Transcripts of the Ombudsman Forum shall further be aggregated into annals to be published on a regular basis and to be incorporated in the official Legal Record and as part of the Legal System as shall be or as has been established within the Integrated and Adaptive Community Developments.

The Ombudsman Forum will be further reviewed and analyzed as precedent is established and as mandated by the local population and the broader experiences to include those of the global Integrated and Adaptive Community Developments. Such a program is seen as inherently necessary in order to prevent the usurpation of power and oppression of the people and to serve as a final system of checks and balances to keep the governing body in check and hold it accountable for any and all such action taken. Any and all such proposals as shall be presented, shall be voted on by the participating members (individuals and/or groups) within the forum. Each vote will be weighted based upon criteria as yet not finalized or released with the final decision being based on the weight of the votes rather than the actual vote itself.

i If history has imparted any lasting lessons of governance, it is that only those who crave power will actively seek power. It has also been shown that they tend to use any power that they can amass, to gain more power, control and wealth ... generally at the expense of those that they are bound to uphold and defend. Furthermore, it has been shown that such people tend to separate themselves as far as possible from the general population if nothing else, in order to retain their status as some type of “elite” citizen or one unaffected by their own actions while the general population continues to bear the brunt of the cost and detriment.

ii Even in systems that were ostensibly at least, established to provide freedom to the general populace, the people were always thought to be the final system of checks and balances. Unfortunately, what history has clearly shown, is a propensity for those in power to usurp the rights of the people and to control them through excessive and often oppressive regulation, arbitrarily enforced laws and other legislative action in addition to blatantly ignoring the founding documents of those systems. The Ombudsman Program will give a direct voice to a group including the affected individual(s), professionals within whatever field (of study) as may be applicable to the aggrieved party or parties and a group representing the governing body. While a mandatory system of participation for citizen review panels and citizen control boards may not be an ideal solution, it is not seen as being any more intrusive than jury duty or other civic responsibilities required of the people in locations around the world today. Humanity was once warned that regardless of whether or not they took an interest in their governance, the government would take an interest in them. Such has proven to be the case and exactly why the Ombudsman Program and the Citizen Review Boards are being established within the Integrated and Adaptive Community Developments.

iii While the basic outline of the Ombudsman Program is already in place, there are numerous details that still need to be worked out and will be finalized before such a time as the program is implemented. Among the most pressing concerns are the system of appeals, the use of paid arbitrators or establishing the arbitration as a matter of mandatory civic duty and other concerns of a similar nature that will ultimately determine the success or failure of the entire program. The program itself however, is seen as mandatory and necessary in coordination or at least a cooperative effort with a Citizen Review Board to ensure that government is not able to unduly oppress the people and to further ensure the social and economic freedoms of all people equally.

iv It may become necessary for the formation of more than one Citizen Review Board for different purposes. One may be tasked with ruling on legal matters and whether or not such rulings are just and/or reasonable, one to rule on civil matters and other such reasons and/or causes as may have not yet been foreseen.

v Along with individual rights and freedoms comes a matter of personal responsibility. Unlike many other civic programs, this mandatory civil service shall not be restricted to only those who are politically active and/or registered in any fashion with any political alignment.

vi In the event that the defending party is in fact, the governing body itself, the Citizen Review Board, the governing body and/or its legislation, laws, statutes, ordinances and/or other act taken by the governing body and/or regulating and/or restricting the lawful actions of the general population, may be forwarded for further review and arbitration may be demanded in an Ombudsman Forum.

vii One of the primary and more pressing reasons that a Citizen Review Board is not only prudent and beneficial but an absolute necessity, is to present a final system of checks and balances to hold the governing body to account for their actions and to ensure the social and economic freedom of the entire general population. One prime example from recent history is the numerous laws and acts of legislation that are applied (even arbitrarily) to the general population while the legislators and other members of the governing body are not held equally accountable under such laws. (More specifically: Insider trading is allowed for members of the US House and Congress but an unlawful act for the citizenry making this a blatantly unconstitutional act. No law shall be passed that does not apply equally to all of the general population including the members of the governing body. Any such law that does allow for such separation shall be immediately deemed to be unreasonable and removed from the law books and any and all enforcement thereof shall be deemed to be in direct violation of the law)

viii Among the most likely groups to comprise this special counsel will be such arbitrators as are well trained in and familiar with the Rules for Arbitration as established by the International Chamber of Commerce. This shall continue until such a time as there is enough viable precedent and “situational awareness” within the Community Development environments to determine and create a unique and more precise mandate and documentation for Rules of Arbitration Within the Integrated and Adaptive Community Developments.

 

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